Receiving an unfavourable decision from the Residential Tenancy Branch (RTB) can be frustrating. However, not every decision is final. In some circumstances, landlords and tenants may be able to challenge an RTB decision through a review consideration or by applying for judicial review in the Supreme Court of British Columbia.

The appropriate process depends on the nature of your concerns, and strict deadlines apply.

Challenging an RTB Decision

There are two primary ways to challenge an RTB decision:

• Review Consideration – an internal process where the RTB is asked to reconsider its own decision in limited circumstances.
• Judicial Review – an application to the Supreme Court of British Columbia asking the court to review whether the RTB decision was legally and procedurally proper.

It is important to understand that neither process exists simply because you disagree with the outcome. Both are available only in specific situations.

Review Consideration

A review consideration is an application asking the RTB to reconsider its decision. The filing fee is currently $50.

Applications must generally be filed within 2 or 5 days of the RTB decision, depending on the grounds being relied upon. Because these deadlines are extremely short, it is important to seek legal advice as soon as possible.

A review consideration may be available where:

• you were unable to attend the hearing because of circumstances beyond your control;
• new and important evidence became available that could not reasonably have been obtained before the hearing;
• the decision was obtained by fraud;
• important evidence was not considered because of a procedural or technical issue;
• the arbitrator failed to decide an issue they were required to determine; or
• the arbitrator made a decision outside the scope of their authority.

If the RTB grants the application, it may:

• reconvene the original hearing;
• order a new hearing; or
• vary or set aside the original decision.

Judicial Review

If a review consideration is unavailable or unsuccessful, you may be able to seek judicial review in the Supreme Court of British Columbia.

Unlike a review consideration, judicial review is not a rehearing of your tenancy dispute. The court does not simply decide whether it agrees with the RTB’s conclusion. Instead, it examines whether the RTB acted fairly, followed the law, and reached a decision that can legally stand.

Judicial review may be appropriate where there are concerns such as:

• procedural unfairness during the RTB process;
• an error of law; or
• a significant error of fact.

Simply disagreeing with the arbitrator’s findings or wishing the evidence had been weighed differently is generally not enough.

Where appropriate, an applicant may also ask the court for a stay of an Order of Possession or another RTB order while the judicial review is being decided. A stay temporarily prevents enforcement of the order until the court has determined the application.

Starting a Judicial Review

A petition for judicial review must generally be filed within 60 days of the RTB decision.

The process begins by filing a petition in the Supreme Court of British Columbia. The person bringing the application is known as the petitioner, while the other party is the petition respondent.

Once filed, the petition and supporting materials must be served on:

• the petition respondent;
• the Director of the Residential Tenancy Branch; and
• the Attorney General of British Columbia.

Because judicial reviews are governed by both court rules and administrative law principles, properly preparing the petition and supporting materials is an important part of the process.

Responding to a Petition

If you are served with a petition for judicial review, you generally have 21 days to file a response with the court.

Your response sets out which orders you oppose or consent to, the facts you rely upon, and the legal basis for your position.

Failing to file a response within the required time can have serious consequences. The petitioner may be permitted to proceed without giving you further notice of the hearing, and you could lose the opportunity to present your arguments to the court.

Preparing for the Hearing

Before the hearing, the petitioner must prepare the court materials required for the application, including a Notice of Hearing and a Petition Record containing the documents that will be relied upon.

The petition record must be filed with the court and served on the respondents by the applicable deadlines set out in the Supreme Court Civil Rules.

What Happens at the Hearing?

Judicial review applications are heard by a judge of the Supreme Court of British Columbia.

The petitioner presents their arguments first, followed by the respondent. After hearing from both sides, the judge may deliver a decision immediately or reserve judgment and provide written reasons at a later date.

What Does Judicial Review Cost?

The court filing fee to commence a petition for judicial review is currently $200.

The overall cost of a judicial review will vary depending on the complexity of the case, the issues involved, and whether you retain legal counsel.

Need Help Challenging an RTB Decision?

Whether you are a landlord or tenant, the deadlines to challenge an RTB decision are extremely short. Waiting too long can mean losing your right to seek a review or judicial review altogether.

Our litigation team regularly assists clients with Residential Tenancy Branch disputes, including review considerations, judicial reviews, applications for stays of eviction orders, and responding to petitions filed in the Supreme Court of British Columbia. We can assess whether you have grounds to challenge a decision, explain your options, and guide you through the process from start to finish.

If you’ve received an RTB decision or have been served with a petition for judicial review, don’t delay. Learn more about what to expect during your first consultation by clicking here: Your First Litigation Consultation: What to Expect, then contact our intake team at litigationintakes@rdmlawyers.com or 604.853.0774 to schedule a consultation. The sooner you obtain legal advice, the more options may be available to you.