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3.11 Written Submission

You will have to weigh some pros and cons when deciding whether to include a written submission as part of your evidence package. While there is no requirement to provide one, doing so can provide context to your evidence and help an arbitrator become familiar with your case in advance of the hearing. While this can be a positive, the downside of submitting a written submission is that you will have to serve it to the opposing party by your evidence deadline, which could help them prepare a more informed response to your argument. In addition, when writing a submission, you may have to make certain assumptions about how the hearing will unfold. In cases where the arbitrator’s decision could turn mostly on facts that are established through testimony, your submission could be undermined by that testimony if it ends up contradicting what you have written. If you have spent a significant amount of time on your written submission, it could feel like a waste if the arbitrator establishes different facts than the ones you relied on.


Organizing a Submission

If you decide to include a written submission, consider including the following general sections:

Section Name Section Description Basic Example
Issue(s) to be Decided Provide a summary of the claim(s) you are trying to prove and any remedies you are seeking. The One Month Eviction Notice for Cause should be cancelled because the tenant’s behaviour did not unreasonably disturb other tenants.
Relevant Facts Present your facts in an orderly fashion, such as chronologically. Refer to your evidence as needed, using specific page numbers. On May 2nd, the landlord accused the tenant of disturbing another tenant by playing loud music at night.  On May 3rd, the tenant denied this accusation. (See Tenant’s evidence: Tenant’s Email at page 3) On May 7th, the landlord served a One Month Eviction Notice for Cause, claiming the tenant had unreasonably disturbed another tenant. On May 9th, the tenant applied for dispute resolution to challenge the eviction notice. The landlord has still not provided any written complaints from other tenants.
Relevant Law / Policy Cite the Residential Tenancy Act, Residential Tenancy Regulation, relevant case law, Policy Guidelines, Rules of Procedure, municipal bylaws, and other relevant law / policy. Section 47 of the Residential Tenancy Act says that a tenancy can only be ended where a tenant “unreasonably” disturbs another occupant or the landlord.  RTB Policy Guideline 6 says that “temporary discomfort or inconvenience” is not a breach of quiet enjoyment. In Guevara v Louie, the BC Supreme Court said that section 47 evictions require “serious misconduct that seriously affected the landlord or the other tenants of the building.”
Analysis / Argument Explain how the law / policy applies to the facts you have laid out.  Refer to your evidence as needed, using specific page numbers. This case does not meet the “unreasonable” disturbance threshold. One alleged incident, without any prior warnings, cannot be “serious misconduct”. The landlord has not provided any evidence that the noise was “unreasonable”, or that it actually disturbed other residents of the property.
Conclusion Provide a concise restatement of any claims you are trying to prove. The Notice to End Tenancy for Cause should be cancelled.