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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 20:51, 21 November 2022
, 20:51, 21 November 2022→d) Evidence
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If a party has filed and served a petition for judicial review in B.C. Supreme Court, the RTB will usually file an affidavit attaching the record of proceeding for the hearing, which will include copies of original photos and documents. Copies of documents can be given to the Arbitrator, but they may demand the originals. | If a party has filed and served a petition for judicial review in B.C. Supreme Court, the RTB will usually file an affidavit attaching the record of proceeding for the hearing, which will include copies of original photos and documents. Copies of documents can be given to the Arbitrator, but they may demand the originals. | ||
An Arbitrator may admit as evidence anything that they consider necessary and relevant to the proceeding, even if it would be inadmissible under the traditional rules of evidence (RTA s 75). If a witness cannot attend, the Arbitrator may accept affidavits (however, written statements may suffice) and may take testimony over the phone. If a party thinks a witness has something to contribute to their case but the witness refuses to cooperate, the party can then request in advance or at the hearing that the Arbitrator summon that witness (RTB Rules of Procedure s. 5.3 - 5.5). | An Arbitrator may admit as evidence anything that they consider necessary and relevant to the proceeding, even if it would be inadmissible under the traditional rules of evidence (RTA s 75). | ||
If a witness cannot attend, the Arbitrator may accept affidavits (however, written statements may suffice) and may take testimony over the phone. If a party thinks a witness has something to contribute to their case but the witness refuses to cooperate, the party can then request in advance or at the hearing that the Arbitrator summon that witness (RTB Rules of Procedure s. 5.3 - 5.5). | |||
The Arbitrator may then decide to adjourn the hearing and summon the witness for the hearing when it reconvenes. The party requesting the summon is required to serve it on the person being summoned. The Arbitrator also has the power to compel witnesses to give evidence under oath and/or to produce records that may be of importance to the hearing. Where a witness fails to comply with these procedures, they may be subject to a finding of contempt on application to the Supreme Court by the Arbitrator (RTA, s 76(3)). | The Arbitrator may then decide to adjourn the hearing and summon the witness for the hearing when it reconvenes. The party requesting the summon is required to serve it on the person being summoned. The Arbitrator also has the power to compel witnesses to give evidence under oath and/or to produce records that may be of importance to the hearing. Where a witness fails to comply with these procedures, they may be subject to a finding of contempt on application to the Supreme Court by the Arbitrator (RTA, s 76(3)). | ||