Definition
- 4.1.1 What is dispute resolution?
The dispute resolution hearing
- 4.1.2 What are the Dispute Resolution Rules of Procedure?
Dispute Resolution Officer's Decisions and Orders
- 4.1.3 How long does it take to get the Dispute Resolution Officer's decision?
- 4.1.4 How is a Dispute Resolution Officer's decision enforced?
Correction, clarification and review of a Dispute Resolution Officer's decision
- 4.1.5 How can I request correction or clarification of a Dispute Resolution Officer's decision?
- 4.1.6 What is the process for reviewing a Dispute Resolution Officer's decision under residential tenancy law?
- 4.1.7 What is the process for judicial review of a Dispute Resolution Officer's decision?
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4.1.1 What is dispute resolution?
Dispute resolution is a quasi-judicial process for resolving landlord-tenant disputes. Landlords and tenants provide the dispute resolution officer and other party with their evidence before the hearing according to the Dispute Resolution Rules of Procedure. Evidence includes any receipts, documents and witnesses that can help prove their claim. A dispute resolution officer hears both sides and makes a decision based on the evidence and the law. The hearing may be conducted at a government office or by telephone conference call.
A dispute resolution officer is impartial and is trained to adjudicate residential tenancy issues, similar to a judge. The dispute resolution officer's decisions and orders are legally binding.
A dispute resolution officer can hear a claim for money if the amount is less than $25,000. If it is a higher amount, a landlord or tenant must apply to the Supreme Court of British Columbia.
The Residential Tenancy Branch supports the dispute resolution process by scheduling the hearings and maintaining the file of documents related to each dispute resolution case.
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The Dispute Resolution hearing
4.1.2 What are the Dispute Resolution Rules of Procedure?
Every dispute resolution hearing must be conducted according to the Dispute Resolution Rules of Procedure. The Rules of Procedure ensure that tenancy dispute hearings are conducted in a consistent, efficient and just manner.
For example, the Rules of Procedure advise landlords and tenants to give the dispute resolution officer and the other party copies of the documents, photographs, and videotapes, which they plan to use as evidence, at least two days before the hearing. This helps dispute resolution officers conduct hearings efficiently by ensuring that landlords and tenants have enough time to examine evidence.
The Rules of Procedure also require landlords and tenants to bring the original of any document to be presented into evidence at the hearing and to make the original available to the dispute resolution officer if asked. This helps dispute resolution officers make their decisions by ensuring that only genuine evidence is presented at the hearing.
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Dispute Resolution Officer's Decisions and Orders
4.1.3 How long does it take to get the Dispute Resolution Officer's decision?
The dispute resolution officer has up to 30 days to issue a decision.
4.1.4 How is a Dispute Resolution Officer's decision enforced?
If a dispute resolution officer makes an order in your favour, it is your responsibility to enforce the order. You must serve the original order on the person(s) named in the order. Most people comply with the order once it is served on them. If the person(s) does not comply, you can enforce the order in the Provincial or Supreme Court of British Columbia by filing documents at the appropriate Court Registry.
Residential tenancy law does not give the Residential Tenancy Branch or dispute resolution officers the authority to enforce orders or to assist you with this process. Questions about the Courts' enforcement process should be directed to your local Court Registry.
A monetary order of a dispute resolution officer is enforced in the Provincial Court (Small Claims). The Court establishes the procedures for enforcing orders. You will have to serve a copy of the Order on all respondents named in the order. You use the Certificate of Service form to swear that the respondent(s) was properly served. Then you must file the original Order and the completed Certificate of Service at the Small Claims Court Registry after the 15 day appeal period has passed.
A dispute resolution officer's Order of Possession is enforceable through the Supreme Court of British Columbia. You will have to serve a copy of the Order on all persons named in the Order. You use an Affidavit form to swear that the respondent(s) was properly served. If the tenant does not leave voluntarily or as required in the Order, you must apply to the nearest Supreme Court Registry to issue a Writ of Possession after the two day appeal period has passed. You must file the original Order, the completed Affidavit and the completed Writ of Possession form at the nearest Court Registry. Once the Court has issued the Writ of Possession, you must see a Court Bailiff who will explain the enforcement procedures to you.
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Correction, clarification and review of a Dispute Resolution Officer's decision
4.1.5 How can I request correction or clarification of a Dispute Resolution Officer's decision?
If you do not understand a dispute resolution officer's decision or order, or you need clarification about it, you can speak with a Residential Tenancy Information Officer. If this doesn't help, you can ask the dispute resolution officer for clarification by completing a Request for Correction or Clarification form. Residential Tenancy staff will forward the form to the dispute resolution officer. The purpose of clarification is not to re-argue the dispute, but to remove any ambiguity in the dispute resolution officer's decision.
Residential tenancy laws allow the dispute resolution officer to correct a typographical, arithmetical or obvious error in the decision or order. An "obvious error" is one that can easily be seen or understood, and that the dispute resolution officer readily agrees is an error.
A party must submit a Request for Correction or Clarification form to a Residential Tenancy Branch office within 15 days after the decision or order is given.
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4.1.6 What is the process for reviewing a Dispute Resolution Officer's decision under residential tenancy law?
You may apply for a review of a dispute resolution officer's decision for one or more of the following three reasons.
- You were unable to attend the original hearing due to circumstances that could not be anticipated and that were beyond your control.
- You have new and relevant evidence that was not available at the time of the original hearing.
- You have evidence that the Dispute Resolution Officer's decision was obtained by fraud.
There are strict time deadlines for filing an Application for Review of a Dispute Resolution Officer's Decision or Order.
Once you receive a copy of a decision or order you have two days to apply for a review if the decision or order concerns an Order of Possession or the subletting of a tenancy.
You have five days to apply for a review if the decision or order deals with repairs or disputing a notice to end a tenancy.
In most cases, applications for a review of a decision or order regarding money must be made within fifteen days. For any other decision or order, the time limit to apply for a review is fifteen days.
A dispute resolution officer can not extend the time to apply for review other than in exceptional circumstances.
There is a fee that must be paid in order for you to apply for a review. If you cannot afford the fee you may apply for a fee waiver. You must provide proof of income before the fee will be waived.
If you feel that the dispute resolution officer was biased, made an error in law or made a decision outside of the dispute resolution officer's jurisdiction, you may apply to the Supreme Court for judicial review. The same is true if you believe there has been a breach of natural justice. It may be beneficial to seek legal advice.
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4.1.7 What is the process for judicial review of a Dispute Resolution Officer's decision?
No government official or Residential Tenancy Branch staffperson has the ability to change, vary, alter or interfere with a dispute resolution officer's decision. Only a Justice of the Supreme Court of British Columbia can review a dispute resolution officer's decision based on an error in law, bias, or procedural fairness.
If a landlord or tenant wishes to ask for judicial review, he or she must apply to the Supreme Court of British Columbia for a petition for judicial review under the Judicial Review Procedure Act. A landlord or tenant considering this action may wish to seek legal advice.
