Civil litigation · Residential Tenancy Branch
We act for both sides of the residential tenancy relationship under the Residential Tenancy Act — and we run the file the same way whichever side we are on. Original hearings, review considerations, and judicial review at the BC Supreme Court.
How we work on RTB files
We have extensive experience before the Residential Tenancy Branch (RTB), the BC tribunal that resolves disputes between landlords and tenants under the Residential Tenancy Act. We act for both sides — sometimes a landlord pursuing an eviction or unpaid rent, sometimes a tenant disputing an unjustified Notice to End Tenancy. Whoever the client, we run the file the same way: read the contract and the conduct, build the evidence, present it cleanly, resolve the matter.
We do not stop at the original RTB hearing. Where the decision needs to be revisited, we handle the review consideration. Where the RTB has gone outside what is reasonable, we file for judicial review at the BC Supreme Court. The full administrative-law life cycle — not just the first stage.
The full life cycle
We prepare the application, gather the evidence (rental ledgers, condition inspection reports, communications, photographs), and represent the client at the hearing. RTB hearings are usually by phone and run for 30 to 60 minutes. The arbitrator issues a written decision, typically within a few weeks.
If the decision needs to be revisited, the next step is an application for review consideration — but only on narrow grounds: new evidence that could not have been presented earlier, fraud, or the party did not have an opportunity to attend the original hearing. The application has tight time limits — 15 days from the decision in most cases, 2 days for an order of possession. The Director of the RTB decides whether to grant a review; this is not a re-hearing on the merits.
Where review consideration fails or does not apply, the next step is judicial review under the Judicial Review Procedure Act. We file a petition in the BC Supreme Court, generally within 60 days of the decision. The standard the court applies — set out by the Supreme Court of Canada in Vavilov — is reasonableness. The court does not re-hear the underlying tenancy dispute; it reviews whether the RTB's decision-making process and outcome were reasonable. If the court finds the decision unreasonable, the usual remedy is to quash it and send the matter back to the RTB for re-decision. Judicial review is materially slower and more expensive than an RTB application, so it is reserved for cases where the financial stakes or the principle clearly justifies the cost.
Frequently asked
The RTB is designed to be accessible without a lawyer, and many disputes don't need one. The cases where representation is worth the cost: significant financial exposure (large unpaid rent, multi-unit landlord matters, substantial damage claims); legally complex issues (unusual lease terms, novel arguments under the Residential Tenancy Act, conflict-of-laws questions); the other side has a lawyer and the dynamic is no longer informal; you have already lost an RTB hearing and are considering review consideration or judicial review. We act on both landlord and tenant files where the stakes warrant the cost.
There is no traditional appeal of an RTB decision. There are two paths after an unfavourable outcome. First: a review consideration, applied for within 15 days of the decision (or 2 days for an order of possession), on narrow grounds — new evidence not previously available, fraud, or the party did not have an opportunity to attend. Review considerations are not a re-hearing; the Director decides whether to reopen. Second: judicial review at the BC Supreme Court under the Judicial Review Procedure Act, generally within 60 days. The court reviews whether the RTB's decision was reasonable (the standard from the Supreme Court of Canada's Vavilov decision); it does not re-hear the underlying tenancy dispute. Judicial review is slower and more expensive, so it is reserved for cases where the financial stakes or the principle justifies the cost.
Most RTB hearings run 30 to 60 minutes by phone (occasionally by video, rarely in person). The arbitrator hears evidence from both sides, asks questions, and either decides on the spot or issues a written decision within a few weeks. The full timeline from filing the application to receiving the decision is typically 4 to 12 weeks, depending on the application type and the RTB's caseload at the time.
The filing fee is modest — typically around $100, sometimes waived in cases of financial hardship. Legal fees are separate and depend on the complexity of the matter. We quote on the file at intake and bill on a fixed fee for routine RTB hearings or hourly with a written budget for more complex matters.
Under the Residential Tenancy Act, if a landlord does not return the security deposit (or pet damage deposit) within 15 days after the tenancy ends and the tenant has provided a forwarding address in writing — and the landlord has not applied to the RTB to keep all or part of the deposit — the tenant can claim double the deposit amount as a penalty. This is one of the most common reasons we see end-of-tenancy disputes; landlords who miss the 15-day window often lose more than they intended to retain.
Send us the basics: who the parties are, the type of tenancy, the issue, and any time limits already running. We'll respond with an honest read on the file and a fee estimate.