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Difference between revisions of "Dispute Resolution in Residential Tenancies (19:X)"
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Dispute Resolution in Residential Tenancies (19:X) (view source)
Revision as of 20:28, 8 August 2016
, 20:28, 8 August 2016→E. Review of Arbitrator’s Decision
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Under the RTA, s 79(1), an application may be made for Review of the Decision or Order, only if: | 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; | *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 | *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. | *) a party has evidence that the Arbitrator’s decision or order was obtained by fraud. | ||
The | 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:''' | '''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:''' | '''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 === | === 2. Time Limits for Launching a Review === | ||
There | 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 | Review applications do '''not''' act as stays of proceedings; a stay must be requested separately through the Supreme Court. | ||
=== 3. Successful Application for Review === | === 3. Successful Application for Review === | ||
If a party is successful in his or her Application for Review, that person will receive a written decision | 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 | 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. === | === 4. Review by the Supreme Court of B.C. === | ||
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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. | 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:''' | '''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 === | === 5. Filing Complaints to the RTB === | ||
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:Victoria, B.C. V8W 9T2 | :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. | 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. | ||