Difference between revisions of "Dispute Resolution in Residential Tenancies (19:X)"

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.