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ARTICLE · 23 JUNE 2023

Part Two: What To Do When You Receive An Unfavourable RTB Decision

Alexander Holburn Beaudin + Lang LLP
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While part one of my blog post discussed the British Columbia Residential Tenancy Branch's ("RTB") internal review process for its decisions, part two of this post will walk through the Judicial Review process...

CanadaReal Estate and Construction

While part one of my blog post discussed the British Columbia Residential Tenancy Branch's ("RTB") internal review process for its decisions, part two of this post will walk through the Judicial Review process that may be pursued if you are a landlord or tenant who has received an RTB decision that you feel made a significant error in law, fact, or hearing procedure.

WHAT IS A JUDICIAL REVIEW?

A Judicial Review is a Petition to the Supreme Court of British Columbia to review an RTB arbitrator's decision and/or hearing procedures. A Judicial Review is not an appeal. It is not another chance for a second hearing. It is the narrow window, bestowed upon the Court by the legislature, in which the Court can supervise the RTB's jurisdiction. A Petition to the Court is a document that summarizes the dispute that was before the RTB, the hearing that was held, the decision received, and the remedy being sought from the Court (e.g. typically to set aside the RTB

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