At the start of a hearing, the arbitrator will introduce themselves and make both parties aware that the oral statements they provide will be under oath or affirmation. The arbitrator will also consider any preliminary matters and procedural issues that have been raised, including but not limited to:
- jurisdiction;
- service of documents;
- adding a related matter;
- amending the application; and
- adjournment.
Before connecting to the conference call, make sure to have a pen and paper or computer ready so you can take notes throughout the hearing. This will help you write down the names of everyone attending, come up with questions for cross-examination, and tweak your closing argument as the hearing progresses.
Requesting an Adjournment
According to the Residential Tenancy Branch Rules of Procedure, arbitrators will consider the following factors when considering a request to adjourn a hearing:
- the oral or written submissions of the parties;
- the likelihood of the adjournment resulting in a resolution;
- the degree to which the need for the adjournment arises out of the intentional actions or neglect of the party seeking the adjournment;
- whether the adjournment is required to provide a fair opportunity for a party to be heard; and
- the possible prejudice to each party.
Resources
- TRAC Webpage – Participating In a Hearing
- RTB Rules of Procedure Rule 7.7 – Preliminary matters
- RTB Rules of Procedure Rule 7.9 – Criteria for granting an adjournment
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