Residential Tenancy Branch – How To Prepare for Dispute Resolution

All right. Hi everyone and welcome to how to prepare for a dispute resolution and thank you so much for taking the time to watch this video. So whether you're new to being a landlord or new to being a renter, um we're glad that you're here. Since this is a recorded session, you can pause, rewind, or revisit any part at your own pace. And before we get started, let's quickly walk you through a few helpful tips to make your viewing experience as smooth as possible. So, tips for watching the video. Um, adjust your audio and video quality. So, use the settings gear at the bottom of the video to adjust volume, playback speed, or video quality depending on your internet connection. Next, turn on closed captions for subtitles. So, click the CC button at the bottom of the video to turn captions on or off. This can be very helpful if you prefer to read along or need extra clarity. And then change playback speed. You can speed up or slow down the video by selecting the settings gear and choosing playback speed. And use full screen for better viewing. So, click the full screen icon in the bottom corner to make the video larger and easier for you to follow. And if you have any technical issues, try refreshing the page or restarting the video. It often resolves common issues about the information that we will be sharing today. So, this session includes general guidance based on the residential tenency act. Please keep in mind that the information is general in nature. It's meant to support their understanding, but we can't provide legal advice. So, respectful practice reminder. Um, successful tendencies are built on clear communication, fairness, and respect. So, as you go through the session, we encourage you to think about these principles and apply it in your own situation. And with that, I think we can get started. Thanks, Gerene. My name is Donna Johnson and I'm going to quickly walk you through what we'll cover today. We'll start with a brief overview of the RTB dispute resolution, what it is and what it's supposed to do. Then we'll move into filing an application, followed by serving documents and preparing and sharing evidence, including some key timelines to watch for. I want to draw your attention to something here. You'll notice that there's a lot that happens before the proceeding itself. And that's important to remember. The proceeding, while it can cause the most anxiety for people, is only a small part of the overall process. Much of the heavy lifting comes before. And the more attention you pay to those pieces of the process, the smoother the experience is likely to go. Before I get into discussing the formal dispute resolution process, I want to pause for a minute and talk about something [clears throat] that often gets overlooked. How did we get here in the first place? And could it have been avoided? We know that a lot of tenency issues start small and then snowball. They usually start out as a misunderstanding, miscommunication, or as problems that just haven't been addressed yet. And when issues can be worked out early, it often saves everyone a lot of time, stress, and money. So trying to solve problems early can reduce stress for both the landlord and the tenant, can save the relationship so the tenency can continue, and it can prevent small issues from turning into bigger ones. That's why the dispute resol that's why dispute resolution is meant to be the last step. It's a legal process. It takes time and the outcome isn't guaranteed. So, it's best to only go through this route when you've tried everything else and nothing has worked. Let's talk about some key steps you can take before filing. First, identify the real problem. What's showing up on the surface isn't always what the actual problem is. Is this a legal issue under the Residential Tenency Act, or is it more about communication and expectation? Take time to break that down. um and it can help clarify what steps you need to take next. Second, communicate clearly. Raise concerns early and keep communication respectful and when you can in writing. Emails or texts help create clarity and avoid misunderstandings. In some situations, a brief calm conversation can also go a long way as long as you feel safe to do that. Third, document everything. This is really important. Keep copies of emails, texts, letters, photos, and notes about conversations. Even if things don't turn into a dispute, good records help everyone stay on the same page. And if a dispute does happen later, it's much easier to rely on records you've kept than your memory. Fourth, explore informal options. Many problems can be solved through respectful discussion and encouraging a solution focused approach or asking yourself what's reasonable outcome that works for both sides can sometimes prevent the need for a formal application. If none of these have worked, dispute resolution may be your only path and that's probably why you're here. So with that in mind, we're going to shift into what happens when you do file for dispute. All right, here we go through the process. At its core, dispute resolution is the formal process the residential tenency branch uses to help landlords and tenants solve problems without going to court. The RTB acts as a neutral third party decisionmaker. That means we don't take sides. Our role is to listen to both parties, review the evidence, and apply the law fairly. The process is grounded in legislation, primarily the residential tenant tenency act and in some cases the manufactured home park tenency act. The arbitrator's job is to apply those laws to the facts of each case. Some of the most common disputes we see include those around unpaid rent, illegal rent increases, repairs and maintenance problems, returning security or pet deposits, and eviction disputes. Generally, you'll notice that these are all issues where the law sets out specific rights and responsibilities. Once you go through dispute resolution and get a decision, that decision is final and binding, which means it can be enforced through the courts if needed. Because of that, it's really important to understand the kinds of issues that the RTB can decide on and how the process works before you apply. And that leads us into the next conversation we're going to have about jurisdiction. In other words, what can the RTB decide and what falls outside of our authority? So jurisdiction is the legal way of asking, do we have the right to make a decision here? On the left side of this slide, you'll see examples of issues the RTB can decide on. These are problems that fall under the Residential Tenency Act, like eviction notices, unpaid rent deposits, and certain repair maintenance issues. On the right side, you'll see examples of things the RTB can't decide on, like roommate disputes, student housing, commercial tenencies, and assisted living or transitional housing. That doesn't mean that those those problems aren't important. It just means they fall outside our authority. So, we're legally not allowed to make a decision about them. For issues outside of our jurisdiction, you might want to look to the Civil Resolution Tribunal or to small claims court. There are also limits to keep in mind. So, claims have to be filed within 2 years of the end of a teny. We can't hear disputes older than that. And while we're only able to hear financial claims under $35,000, there's one exception, which is compensation related to bad faith landlord use evictions. If a tenant is successful in this case, they could be awarded up to 12 months rent as compensation. And in some cases, as we know, 12 months rent can be more than $35,000. So the RTB does have the ability to make a decision in this case. So before you apply, make sure that we do have the authority to decide your issue. And if you're unsure, give us a call or send us an email first before you go to the effort of applying. Now I'm going to pass things back to Derilyn who's going to provide an overview of the dispute resolution process. All right. Thank you Dana. So now let's move on to understanding the dispute resolution process. So the first one is understanding or knowing who the RTB dispute resolution team. So authorityb dispute resolution is handled by a team of independent decision makers in one of the three different roles. So first we have arbitrators. They conduct and manage um standard dispute resolution hearings. And then next we have adjudicators. They decide on matters that don't involve a hearing. They review written applications and evidence and decide based on what is submitted. And then there are case facilitators and they're relatively new to our process. What they do is they help landlords and tenants try to reach an agreement through a guided conversation. And if an agreement is reached, it can be turned into a formal order that's enforcable through the courts. And then next uh what are the roles in RTB dispute resolution? So what might be your role in a dispute? So every application has two sides. There's an applicant and a respondent. The applicant is the person who files the application and the respondent is the person who has to respond because the application affects them. Either role can be the landlord or the tenant. And it's important to know that both roles are equally important. So being the respondent doesn't put you at a disadvantage and being the applicant doesn't mean you you'll automatically succeed. So decisions are based on the evidence and the law and not who filed the applications. So sometimes um both sides uh files application about the same thing. And in this case we'd combine these applications into one dispute and hear them together. An example might be the tenant files a dispute because they want their security deposit back saying there was no damage. um and the lender disagrees and files a dispute saying there was a damage and they should keep the deposit. So the issue is the same. It's all about deposit and this is what we called cross application. So now that we understand the different roles um people can have in dispute. Let's look at the different ways a dispute can move through the RTB system because not every dispute follows the same path. Okay. So most disputes uh follow the participatory hearing process. So this is the typical hearing people think of. Both parties take part usually by phone and an arbitrator leads the hearing. They ask question, review the evidence and make a final binding decision. And in some situations um disputes go through a case facilitation. So the important thing to know is that you don't apply for case facilitation. the RTB decide which disputes are best suited for it. And if an agreement is reached, it can be turned into a formal order. And then another pathway is the direct request process, which is the written process with no hearing. So an adjudicator reviews the application and evidence and makes a decision based only on what's submitted. So direct requests are only available for specific type of claims like and return deposits or certain landlord application for orders of possession and unpaid rent. In this case the applicant provides the necessary evidence and as we mentioned an adjudicator makes the decision based on that uh written evidences. And then we also offered expedited hearings for very urgent situations where waiting could cause you serious harm. So for example, if your landlord illegally locks you out of your unit or if it's in the middle of the winter and you don't have uh heat. So this is um an expedited hearing or if this can qualify for expedited hearing. So this application are screened carefully and only certain claims qualify as urgent. Um, thinking an issue is urgent doesn't automatically mean it meets the legal criteria. So, which route your dispute takes depend on the issue, the urgency, and what the law allows. So, next we're going to walk you through with the most uh people will experience a step-by-step overview of the participatory hearing process starting with filing an application. So, next is filing application. If you haven't applied for dispute before, here's a super highlevel breakdown of the process. So, we recommend applying online through the RTB service portal using our online portal and it's faster, it's easier to track, and in many cases, it prevents you from entering incorrect information. So, it reduces delay. To file, you'll need a basic BC ID, which is free and easy and quick to set up. Um although paper applications still exist, uh they might take longer to process and errors are much more common. So if online filing feels intimidating, asking a friend or family member or contacting RTB itself for help is often better option than filing on paper. There's there's also a $100 application fee which applies to both landlord and tenants. However, if you're a lowincome tenant, you can apply for a fee waiver at the same time of your filing. So, once everything is submitted and the fee is paid or waved, the application is officially filed. And one really important point to flag here is that you're expected to submit all of the evidences you're relying on at the time of your application. This isn't this isn't a start now and finish later step. What you submit at this stage set the foundation for the dispute and that's what we'll talk about next. The key things that you need to submit at the time of your application is uh what will get your dispute started off strong. Okay. So speaking of the documentation and evidence, let's talk about what you need to have ready when you apply. So there are three key pieces. First, if you're asking for money, you need to include a clear calculation that shows how you got the total. And then second, if your dispute is about a notice to end teny or an eviction notice, you need to include a copy of that specific notice. And third, include copies of all of the evidences you are relying on to prove your case. If any of these pieces are missing at the time of your application, it can slow down or make it harder for your application to move forward. So let's get into a bit more detail about the evidence requirement. So evidence, what is it? So evidence is anything that helps prove that what you're saying is true. That can be documents, photos, videos, audio recording, or even what you say during the hearing. But not all evidence is equally helpful and quality is more important than quantity. So when you're getting your evidence ready, there are a few key things that the RTB is looking for. First, your evidence should be about the issue being decided. It might sound obvious, but people often provide us with information that doesn't relate to the specific problem that we're here to solve. So, not only is this evidence unhelpful, adding it can often confuse the issue. And then second, it needs to be trustworthy and complete, that means clear photos, readable documents, and enough information to show what actually happened. So without big big gaps that leave the arbitrator guessing. And then third in uh it needs to be well organized. Evidence should be in the order things that happened with clear file names. And there are also some technical requirements to keep in mind. So most file formats are accepted but there are size limits that you can see on the slide. And if you're submitting evidence on a USB, you also need to include what we called form RTB43. So the RTB knows what's on it. So once your application and documents are submitted, the RTB sends out the notice of dispute resolution proceeding and that's when the next steps and the timeline kicks in. Okay. So what is the notice of dispute resolution proceeding? Um the notice of dispute resolution proceeding is the official package that starts the dispute resolution process. So think of it as RTB saying your application has been accepted and here's what's happen next. And then that package includes the notice letter itself, instruction for the respondent and sometimes information sheets related to your application. And one of the biggest responsibilities at this stage is making sure that the RT the other party gets it on time and you need to prove you s you served them properly. So the key thing to remember is receiving the notice of proceeding is the signal that timelines have become critical and you need to pay close attention to what um comes next. So now I'll pass it over to Donna to walk you through serving uh the documents. Great. Thanks. We'll get into greater detail here about submitting and serving documents. So, up to now, we've talked about what evidence is and when it needs to be ready. And this slide speaks to one specific step, which is submitting your evidence to us at the RTB. We need your documents so that we can include them in the file. If we don't have them, the arbitrator can't look at it, and evidence is what they use to make a decision. We recommend uploading evidence online through the RTB portal. You'll need your dispute access code and your confirmation code to do this. You can also submit evidence in person at a service BC office or by mail or fax if needed. And if you do it this way, you'll need your file number. Timing matters. Applicants should be submitting their evidence when they apply. Respondents have a later deadline. There's one key exception. If you're disputing a 10-day notice to end tenency, you must submit all your evidence at the time of application. So, you've submitted all your evidence to us and now you also have to serve evidence and documents to the other party named in the dispute. As mentioned, once you receive the notice of proceeding package, you have to serve it to them. Serving simply means formally delivering copies of important documents to the other person named in the dispute. The reason service matters is fairness. The rules are designed to make sure both sides know what the dispute is about, have the same information, and have enough time to prepare. When we talk about service methods, we mean the specific ways the law allows you to deliver documents. So that's registered mail or email in some cases or in-person delivery. And if you don't use an approved method of service, the service doesn't count, even if the other person actually receives the document. You'll also hear us talk about proof of service. This is just how you show us that you served the documents. For example, that could be a receipt when it comes to registered mail, or it could be a copy of the email or a signed witness statement. Um, one really important concept here is the received date. That's the official date the documents are considered received under the rules. And that date is what starts the clock for deadlines. It's not always the same day you send something. Service is one of the most common places people run into trouble. Missing a step or a deadline can delay your hearing or stop the application from moving forward at all. So over the next few slides, we're going to walk through what needs to be served, who has to serve it, timelines, and the accepted methods step by step. So on the last slide, we talked about what serving means, using an approved method, and then keeping proof that you did it. And we also flagged the idea of the receive date because that's what starts the clock. Now, we're going to look at three main types of documents that usually need to be served during dispute resolution. Who does it, when it needs to happen, and whether proof is required. First is what we've talked about already the notice of dispute resol resolution pro proceeding package which we've already mentioned the applicant. So the person who starts the application has to serve this and they must do it at within 3 days after they receive it. And yes you need to show proof of service. Next is evidence. Evidence usually must be submitted and served by both sides, the applicant and the respondent, because both may have documents they want considered at hearing. The deadlines are different depending on your role. The respondent's evidence is due at least 7 days before hearing. If you're the applicant, you should be submitting your evidence to us when you apply for dispute resolution, but you absolutely have to serve it to to the respondent at least 14 days before the hearing and be able to prove that you did. And last is the decision order. This is after the hearing when the decision has been made. If you're the successful party, it's up to you to serve the decision on the unsuccessful party. There isn't a set timeline listed here unless the decision itself says otherwise. and proof isn't required, but it is recommended. Once you have an order, you need to make sure the other party gets it so the next steps can happen. [clears throat] So here we have the approved ways you can serve documents because as I mentioned, if the method doesn't count, the service doesn't count. There are only a few methods that are accepted and each one has a matching proof of service and specific receive date. For example, if you're sending via registered mail, it's not considered received right away. It's considered received 5 days after it's sent. And that delay can affect deadline. So, it's something to plan for. If you served in person or to a landlord's agent, like the property manager, it's considered received on the same day, but you'll need proof, like a sworn witness statement, to show you did. Email service is allowed, but only if the person you're serving has given written permission to receive documents that way. When email is allowed, it's considered received three days after it's sent because not everyone checks their email every day. But what happens when regular service methods don't work? Substituted service gives you permission to serve documents in a different way, but you need to apply to us for permission. You can apply for substituted service if you've already tried standard service methods and they haven't worked. And if you can show that the substituted method is likely to reach the other person. For example, if you don't have a current address or mail keeps coming back or the person you're trying to serve documents to is avoiding service, you can apply either online or with a paper RTB13 form and explain what you've tried and what method you're asking to use instead and why you think it'll work. Okay. So now I'm going to pass things back to Jerene who's going to talk about the actual dispute resolution hearing. All right, Donna. Okay, let's talk about the proceeding or the hearing process. So the proceeding or a hearing can feel intimidating, especially if it's your first time. So knowing what to expect can really help lower that stress. So, first let's talk about how the hearing or the proceeding usually happens. Most RTB proceedings are held by phone using the dialin details that are included in your notice of proceeding. So, [snorts] your first job is to call in on time because if you're late or don't join, the hearing may go ahead without you or your application could be dismissed. So, you're allowed to bring support with you. That could be a lawyer, an agent, an advocate, or an interpreter. So, if you want us to provide you with an interpreter, that's something you should request as early as possible, too. And if you're planning to bring witness, it's your responsibility to make sure they are ready and available for the hearing. They need to stay available until the hearing ends. And then the RTB records hearings or proceeding, but you are not allowed to record it by yourself. So if you want a copy of the recording, you can request it after the hearing or the proceeding. Now at the start of the proceeding, the arbitrator will explain the process, confirm who's on the line, and deal with any preliminary issues like proof of service or accessibility needs. And it's important to remember that the ar it's the arbitrator who manages the proceeding or the hearing. So the arbitrator decides who speaks when questions are asked and how much time is spent on each issue. That means not everyone will get the same amount of time and you may not always get to respond to every single point in during the proceeding. So that can feel frustrating in the moment, but it's part of how the arbitrator um keep the hearing focus on the issues they're legally allowed to decide. So the best way to prepare is to know your evidence, understand the key points you need to make, and be ready to explain your evidence clearly and calmly when you are asked. So now we're going to talk about something that plays a huge role in how hearings or proceedings are decided. Who is responsible for proving what and how arbitrators arbitrators decide which version of events is most likely. So, the burden of proof um in the context of an RTB hearing um who has the burden of proof? Generally, the person making a claim is the one who has to prove it. There's one exception here, and that's when a tenant applies to the RTD to cancel an eviction notice. In this case, the landlord who is the respondent is responsible for proving that the notice is valid and should go ahead. So RTB decisions are based only on the evidence and information that's shared during the hearing. And arbitrators don't investigate. They don't go looking for information on anyone's behalf. They don't fill in the gaps for you and they don't make assumptions. So for fairness reasons, they are not allowed to do those things. So if something matters to your case, it's up to you to bring it forward and explain it. Um when an arbitrators makes a decision they're using what's called the balance of probabilities and in plain language it's just mean that they decide on what is more likely than not based on the evidence that they hear and they're not deciding who they believe more or who seems more confident. They're looking at the evidence and asking um which version of events is most likely true. That's why evidence matters so much and why it needs to be clearly support uh the point you're trying to make. So if you're making a claim, be ready to prove it. And if it isn't clearly explained and supported during the hearing, the arbitrator can't rely on it, even if it feels obvious or unfair. So make sure your evidence are clear and it supports your uh claim. So next, we're going to walk you through what actually happens during the hearing itself. How information is shared, how questions are asked, and what helps arbitrators follow your story. So as I mentioned, during the hearing, the arbitrators decide who speaks, when questions are asked, and what information they need to hear. So that can mean moving things along quickly, redirecting you, or interrupting, and that's very normal. So when you're speaking, your role is to summarize your key points and point the arbitrator to the evidence that support your claim. You don't need to read documents word for word. Clear and focus is much more helpful. And if you hear something from the other party that you don't agree with, don't interact. Make a note and raise it when the arbitrator gives you a chance to speak. So witnesses are usually asked to wait until they are called. Once they've provided their information, they need to stay available until the arbitrator says they are finished. Um, hearings are structured and timelmited. So, not everyone gets equal time and not every issue will be explored in depth. So, this keeps the hearing focused on the issues being decided. Next, we'll look at how hearing ends and what adjornment is. Adjornment and what happens once all the information has been shared. So hearings hearings are scheduled for 60 minutes and it might end then or earlier if the arbitrator is satisfied um they've heard all they need to make a decision. The arbitrator will let everyone know when the hearing is finished and sometimes though a hearing doesn't end in one sitting. If the arbitrator decides they need more time, maybe because the issue is complex, more information is needed or something unexpected came up, they may decide to un to adjourn the hearing. And an adjournment means the hearing is paused and continued later. If that happens, the arbitrator will discuss next steps and the RTB will send out a new notice with the details of that hearing. You can also ask for adjournment, but it's important to know that it's up to the arbitrator whether that request is approved or not. So asking the arbitrator for adjournment doesn't guarantee another hearing. This is why being prepared and having your evidence ready and understanding the key points you need to make really matters. an R will can or can go by very quickly. And once the hearing is officially closed, no new information can be added unless the arbitrator specifically allow it. And from there, the arbitrator moves into decision making, which brings us to the next section where we'll talk about how decisions are made, when you receive them, and what happens after a decision is issued. So, I'm turning it back to Lana. Right, we're getting there. All right, so let's get into the decision and enforcement. After the hearing, the arbitrator reviews all the evidence and the information that was shared. Then it's up to them to produce a written decision. [clears throat] In most cases, that decision is issued within 30 days. Both parties receive the written decision by email, and it explains what was decided and why. RTP decisions are final and binding. That means the decision has legal effect and both parties are expected to follow it. If the arbitrator makes an order, the next step is service. The successful party, meaning the person who the order is in favor of, is responsible for serving the order on the other party. Once the order has been served, the other party is expected to comply with within a reasonable time frame or within a deadline that's already set out in the decision. Here's an important important point. We want to be very clear about the RTB does not enforce orders. If the other party doesn't follow the order, enforcement would happen through the courts. For example, orders of possession are enforced through BC Supreme Court, while monetary orders are enforced through provincial court, usually small claims. So, while the RTB makes the decision and is issues the order, it's up to the successful party to take the next steps if enforcement's needed. Getting a decision is a big step, but it might not be the final step. And it's important to understand what happens after the decision, especially around serving and enforcement. Let's take a look at the type of orders you might get. An order of possession says who has the legal right to the rental unit. If the person who gets the order is a landlord, it means the tenant must move out. If the tenant, if it's the tenant, it means that they can continue or resume living there. and the landlord can't lock them out or other otherwise prevent them from being there. And if enforcement's needed, for example, if the tenants supposed to leave and doesn't, that's done through the courts. Another type of order is a monetary order, which means one party needs to pay the other party a specific amount of money. This is for things like unpaid rent, compensation, or deposits. It if enforcement becomes necessary, that would be done through small claims court. The third type of order is an order of compliance, which requires someone to do something specific, like complete specific repairs. And if enforcement's needed in that case, you can always apply to the RTB for compensation, which would be a monetary order. If it's a serious issue, something that impacts your health or emergency repair, you can also submit an application to our compliance and enforcement unit, and they may choose to investigate. What if you spot an error in your decision or you don't agree with it? Because our decisions are legally binding, there are very few situations where the RTB will look at them again. This slide covers the three options that may be available in rare circumstances. First is a request for clarification. This is used when part of the decision or order is unclear. For example, if the wording is confusing or if it's not obvious what's supposed to happen next. It's not about changing the decision. It's just about making sure it's explained in a way that everybody understands it. Second is the request for correction. This is for simple obvious errors like a wrong date, a missing detail, or a small mistake in a name or address. And these things matter because even a small error can cause problems later on, especially if someone needs to enforce an order. The third is a review consideration, which is the most misunderstood. A review is not a chance to reargue your case, and it's not for situations where you just don't agree with the outcome. Reviews are only available if the application meets specific grounds, like new evidence that wasn't available at the time of the hearing or one party was unable to attend the original hearing due to circumstances outside their control, or if there's evidence that there was fraud, or if there's a procedural error, meaning that the RTB made a mistake that affected the result of the hearing. For example, if we filed your evidence in the wrong file or if there was a technical issue that seriously impacted the result of the hearing. And even if a review application is accepted, that doesn't mean the original decision is automatically overturned. The arbitrator might reconvene the hearing, hold a new hearing, or review things in writing. It just depends on the situation. All these requests have strict guidelines and timelines and they must be submitted using the correct RTB form either in person or online. So we know there are limited situations where the RTB can clarify, correct, or review a decision. But in the event you feel that there was a problem with the way the decision was made, you can request a judicial review by the BC Supreme Court. A judicial review isn't about redoing the hearing or rearguing the facts. The court doesn't decide who was right or wrong in a dispute. Instead, they look at the decision and whether it was unfair or unreasonable based on the law. If someone applies for judicial review, a Supreme Court judge will review the file and decide whether the RTB needs to take another look or a specific step. It's important to know that this is a formal court process with very strict rules and deadlines. That's why we strongly encourage people to get legal advice before they apply. Judicial reviews can and are often complex and they're not the right path for most situations. So, this explains the process of dispute resolution from start to finish. And I hope that you're leaving feeling more confident navigating the process as a result. If you've got additional questions, I recommend going onto our website at gov.bc.ca/landertenant and giving us a call. Our numbers are listed on this slide. Um, and you can reach out to the information officers at our call center. You could also choose to send us an email at hsrtog.bc.ca.