5.5 RTB Review Consideration

For a $50 application fee, a party can ask the Residential Tenancy Branch (RTB) to review a decision they have lost. This is not a chance to simply re-argue a case, as reviews are only granted in limited circumstances. According to the Residential Tenancy Act (RTA), these are the eligible grounds on which a party can apply for a Review Consideration:

1. a party was unable to attend any part of a hearing for reasons unanticipated and beyond their control (e.g. phone disconnection issues);
2. a party has new and relevant evidence that was not available at the time of the original hearing;
3. a party has evidence that the decision or order was obtained by fraud;
4. a party, due to circumstances that could not be anticipated and were beyond their control, submitted material evidence after the deadline, but before the original hearing, and that evidence was not before the arbitrator at the original hearing (e.g. hospitalization);
5. there was an administrative, procedural, or technical error that materially affected the result of the original hearing (e.g. documents uploaded to the wrong file);
6. the arbitrator did not determine an issue that they were required to determine; and
7. the arbitrator determined an issue that they did not have jurisdiction to determine.

In addition, the RTB now has the power to conduct a review on its own initiative, rather than waiting for a party to apply.

Application Deadlines

Resources

• TRAC Webpage – I Disagree with my Decision
• RTA Section 79 – Application for review of director's decision or order
• RTA Section 80 – Time limit to apply for a review