Dispute Resolution in Residential Tenancies (19:XII): Difference between revisions
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Dispute Resolution in Residential Tenancies (19:XII) (view source)
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=== 2. Time Limits for Launching a Review === | === 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 | 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 under s 46, repairs or maintenance under s 32, and services or facilities under s 27, the time limit is '''five days'''. For other orders, the time limit is 15 days (s 80). | ||
Review applications do '''not''' act as stays of proceedings; a stay must be requested separately through the Supreme Court. | |||
=== 3. Successful Application for Review === | |||
If a party is successful in his or her Application for Review, that person will receive a written decision from the Arbitrator permitting 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 suggesting a date to reconvene for a new hearing. | |||
The Arbitrator’s decision permitting review must be served on the other side within three days of receiving the decision. The same method of service must be used as outlined above for a Notice of Hearing package (see [[{{PAGENAME}}#3. Documents for Dispute Resolution | Section X.D.3: Documents for Dispute Resolution]]. See also: RTA, s 81, and [[{{PAGENAME}}#4. The Arbitrator’s Decisions | Section X.B.4: The Arbitrator’s Decisions). | |||
=== 4. Review by the Supreme Court of B.C. === | |||
An Arbitrator’s decision can also be reviewed by the Supreme Court of B.C. under the ''Judicial Review Procedure Act'', RSBC 1996, c 241. The RTA contains a privative clause (s 84.1) which narrows the scope of the review. It is not a trial ''de novo''. The court may overturn a decision where an error has been made that “goes to jurisdiction”; if the RTB has exceeded its statutory authority, either because a violation of procedural fairness has occurred, or because it has made a very serious error of fact or law, then the court can intervene to correct the error. When a decision is overturned by the court, the case is usually returned to an Arbitrator to be reheard. Due to the complexity of operating in the Supreme Court, a lawyer should be involved for a Supreme Court review. It is important to get legal advice and act quickly. The Community Legal Assistance Society (604-685-3425) is available to assist with judicial reviews of Arbitrators’ decisions, and is especially interested in helping with potential test cases. | |||
'''NOTE:''' Losing a judicial review may result in an award of costs, meaning that the losing party must pay the legal costs of the other party. | |||
=== 5. Filing Complaints to the RTB === | |||
Complaints about information officers, dispute resolution hearings, or general services of the RTB must be put into writing and mailed to the Executive Director of the RTB: | |||
:P.O. Box 9844 Stn Prov Govt | |||
:Victoria, B.C. V8W 9T2 | |||
Complaints can also be made to the BC Ombudsperson. More information can be found at http://www.ombudsman.bc.ca. Note that the BC Ombudsperson does not review decisions; they can only investigate complaints where a person feels that RTB staff has treated them unfairly. | |||
