Dispute Resolution in Residential Tenancies (19:XII): Difference between revisions
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Dispute Resolution in Residential Tenancies (19:XII) (view source)
Revision as of 06:06, 3 July 2016
, 3 July 2016→3. Documents for Dispute Resolution (Notice of Hearing Package)
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When the tenant does not know who may actually be responsible as landlord, it is safest to name and serve all parties who could possibly have a liability. Monetary orders should name the property owner, so a tenant should need to do a title search. The applicant has to prove the documents were properly served. | When the tenant does not know who may actually be responsible as landlord, it is safest to name and serve all parties who could possibly have a liability. Monetary orders should name the property owner, so a tenant should need to do a title search. The applicant has to prove the documents were properly served. | ||
=== 4. Documents on Application for Review of a Decision or Order of an Arbitrator === | |||
If a party is successful in his or her Application for Review, that person will receive a written decision from the Arbitrator ordering the review to proceed. This may be nothing more than an amended decision, or it may be a decision confirming suspension of the previous order and setting a date to reconvene for a new hearing. This Arbitrator’ s decision (permitting review) must be served on the other side within three days of being received by the person who applied for review. The same method of service must be used as outlined immediately above for a Notice of Hearing package (see RTA ss 86 and 61(5) and [[{{PAGENAME}}#4. The Arbitrator’s Decisions | Section X.B.4: The Arbitrator’s Decisions). | |||
=== 5. Other Exceptions to General Service of Documents === | |||
An application by a landlord for an order of possession for the landlord or landlord’ s application for an order ending tenancy early must be given to the tenant under special rules: see RTA s 89(2). | |||
== E. Review of Arbitrator’s Decision == | |||
=== 1. Application for Review of Arbitrator's Decision === | |||
Under the RTA, s 79(1), an application may be made for Review of the Decision or Order, only if: | |||
*a) the party was not able to attend the original hearing due to circumstances that could not be anticipated and were beyond his or her control; | |||
*b) there is new and relevant evidence that was not available at the time of the original hearing; or | |||
*) a party has evidence that the Arbitrator’s decision or order was obtained by fraud. | |||
The Application for Review does not include an oral hearing. The written application for review must therefore be complete and exact, with all necessary documents attached. Note that an Application for Review is '''not''' an opportunity to re-argue the facts of the case. | |||
'''NOTE:''' There is a filing fee, which cannot be recovered, but which can be waived under the same circumstances for which the original application fee can be waived. | |||
'''NOTE:''' Applying for review of an arbitrator’s decision may prevent a party from later applying to court for judicial review of the original decision. This is because the reviewing court may only review the final review or reconsideration decision, rather than the original decision. This may be the case even though the grounds of review under the RTA are narrower than the grounds of review in a judicial review. Parties should therefore exercise caution when deciding whether to pursue a review at the RTB; see ''Sereda v Ni'', 2014 BCCA 248. | |||
=== 2. Time Limits for Launching a Review === | |||
There are strict time limits in the RTA for launching a review. For orders of possession (s 54), unreasonable withholding of consent, and notice to end tenancy for non-payment of rent the time limit is two business days. For a notice to end a tenancy agreement other than | |||
