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At the participatory hearing

Last updated on December 11, 2023

A participatory hearing is a legal process to resolve disputes between tenants and landlords. It's a type of dispute resolution where both parties participate and have an opportunity to explain their side of the dispute.

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Being prepared gives you the best chance of a resolution

Before attending, familiarize yourself with how a hearing works and the best practices to follow. When you are prepared for a hearing, you're able to make your case and represent your side of the dispute. This gives you the best chance of resolving the issue.

The hearing format 

The hearing is a legal proceeding and has a general format. How events unfold depends on the details of the case.

The hearing is usually held over the phone. It lasts approximately one hour, but it can be up to 90 minutes.

Apply for a different hearing format

Hearings can be held in person for people who have hearing loss or a disability that would prevent them from participating over the phone. 

How to apply

Apply by paper only

You can only apply for an alternate hearing format using a paper application and submit it to the Residential Tenancy Branch or a Service BC office. There is no online option to apply.

Submit a Request for Alternate Hearing Format (PDF, 770KB) - Form RTB-36 with the rest of your application.

Interpreting service

People who have hearing loss may also request an American Sign Language interpreter before the hearing. 

The Residential Tenancy Branch (RTB) will arrange the interpreting service and pay the fee. To request an interpreter or an accommodation:

Multiple issues are dealt with in the order of urgency

There might be multiple issues during the hearing and the adjudicator will determine what order to hear them in. It's possible some issues will not be addressed at the hearing and may need a separate application.

The highest priority is an eviction order, also called a Notice to End Tenancy. Repairs needed for the tenant's health and safety also have priority. Other tenancy issues that will be resolved during a hearing might include items related to:

  • Evictions
  • Compensation
  • Repair

Review how to apply for emergency repairs through an expedited hearing.

Who attends the hearing

During the hearing, a tenant and a landlord explain their side of the dispute and their evidence to the arbitrator. The applicant generally makes their case first, except in cases of evictions.

In some cases, there will be witnesses present. Both the landlord and tenant are responsible for informing their witnesses about their roles and responsibilities.

Applicant's rights, role and responsibilities

An applicant is a person who has applied for a resolution to a tenancy dispute. The applicant usually presents first. 

They have the burden of proof, which means they have the responsibility to present the bulk of evidence for the case. In some cases there are multiple applicants.

For evictions, the arbitrator may ask the landlord to explain the eviction notice first and find out if the landlord gave proper notice to the tenant. Then the tenant explains why they are disputing the notice.

Respondent's rights, role and responsibilities

A respondent is the person who responds to the applicant's claims about the tenancy dispute. Respondents present evidence that proves their point of view. 

In some cases, there are multiple respondents. The respondent usually presents after the applicant.

Arbitrator's role

An arbitrator reviews the facts and facilitates the hearing process. They are responsible for:

  • Managing time and communication during the hearing
  • Listening to testimony from all parties involved and considering evidence
  • Making an impartial decision

The arbitrator addresses one main issue at a time and only considers factual information related to the situation. Generally, they have a direct and formal tone.

Arbitrators are independent decision makers and their decision is final and binding. 

  • The only way to review an arbitrator's decision is to apply through the courts for a Judicial Review after the decision is issued

Depending on the situation, an arbitrator might mediate a settlement discussion between a landlord and a tenant during the hearing.

A settlement discussion is when an arbitrator helps the 2 parties decide on a mutual agreement. A mutual agreement is a legally binding contract.

This is different than an arbitrator providing a decision at the end.

An advocate or lawyer can attend the hearing

Advocate's role

An advocate can speak on an applicant or respondent's behalf. The extent of the advocate's involvement depends on the situation and needs of the people participating.

If you decide to work with an advocate, make sure to discuss their role before the hearing. During a hearing, advocates can let the arbitrator know if they haven't been affirmed.

Lawyer's role

You can employ a lawyer to represent you at a hearing, but you do not need to. The participatory hearing process is different than regular court proceedings.

If you do decide to have a lawyer, make sure they are familiar with residential tenancy or manufactured home park tenancy laws and RTB's dispute resolution process. 

Each party presents evidence and witnesses

At the hearing, each party is asked to present their case with evidence and witnesses. Even though you've submitted your evidence in the application, you must also present your evidence again during the hearing. 

You can only present evidence that was properly served to the other party before the hearing.

Hearing outcomes are binding

Arbitrators have 30 days to issue a final, binding decision. If the issues are too complex or require more time, the arbitrator might adjourn the hearing to a later date.

After the hearing is over, you may need to take further steps. Once the arbitrator has made a decision, you still need to go through enforcement measures.

A mutual agreement is also a legally binding contract.

Be prepared for any outcome

The hearing may or may not end in your favour. That means it's better to have a plan for this beforehand.

For example, if you have an eviction notice, do your best to arrange alternate accommodation for yourself before the hearing, in case the eviction notice is upheld. 

Resources

Hearing process details

Step 1: Dial in

Dial in to the hearing at the correct time.

The instructions for dialing into the hearing are listed on the Notice of Dispute Resolution Proceeding letter. This letter is included in the Notice of Dispute Resolution Proceeding package.

Make sure to dial in using the phone number and information provided in the letter. After you call in, wait for the arbitrator to join the call.

If the arbitrator does not come on the call:

  • Check the notice of hearing document to make sure the date and time are correct
  • If they are correct, hang up and call again
  • If the arbitrator is not on the call after 30 minutes, call RTB's information line:

Step 2: Arbitrator starts the hearing

The arbitrator starts the hearing with a round of introductions.

The arbitrator starts the hearing with:

  • A round of introductions
  • A brief explanation of what will happen
  • Rules for hearing conduct
  • Participants swearing or affirming they are telling the truth

Step 3: First party makes their case

The arbitrator asks the first party to make their case.

The first party is usually the applicant. They present witnesses, testimony and evidence.

The arbitrator also may ask the applicant to provide proof they have served the dispute resolution notice to the respondent.

Be aware of the time limit

The hearing has a specific time limit. To give your case the best outcome, use your time well. The arbitrator may give extra time to ask questions.

Evidence

The arbitrator expects applicants and respondents to have supporting evidence.

Step 4: Second party makes their case

The second party presents evidence.

The second party is usually the respondent. They present witnesses, testimony and evidence.

Step 5: Making a submission

The arbitrator asks the parties if they want to make a submission.

After all evidence is presented, the arbitrator may ask the parties if they wish to clarify any relevant points. This isn’t an opportunity to restate evidence already provided. It’s time used to clarify relevant points that are not clear from the presentation of evidence. Sometimes this is called making a submission.

  • Clarifying includes referring to a specific legal precedent or emphasizing important points for the arbitrator to consider

Additional questions

Be prepared for questions that the arbitrator may ask. If the arbitrator has heard enough evidence to find in favour of a party, a submission may not be necessary

Step 6: End of the hearing

The hearing is concluded.

The hearing ends. If the case is complex, the arbitrator can adjourn the hearing and continue at a later date.

Step 7: Arbitrator decision

The arbitrator makes their decision.

The decision happens after the arbitrator has reviewed the evidence presented during the hearing. 

The arbitrator makes a final decision within 30 days of the hearing date. Decisions are binding but need enforcement.

Copies will be mailed to the first applicant and first respondent listed on the application form.

  • You must tell the arbitrator at the end of the hearing if you need the decision sent to an address that’s different than the one on the application

In urgent matters regarding possession of a rental unit:

Step 8: Enforcement

Enforcement measures after the hearing.

The RTB does not enforce orders - only the B.C. Supreme Court or Provincial Court has the authority to enforce an order.

There are two approaches to enforce the hearing order:

You cannot enforce an order through a Judicial Review. This type of review is conducted when there has been a decision with an error of fact or law, or a decision has been made that is procedurally unfair. 

Best practices to present your case

Have an idea for a possible outcome

Whether you are an applicant or a respondent, be prepared with a possible idea for resolving the conflict and ready to give a full account. 

Present your story clearly

  • Be organized
  • Summarize the main points of your evidence
  • Stick to the relevant facts
  • Have evidence that supports your position and is related to the issue
  • Use your time well, be concise when presenting and answering questions

Conduct at the hearing

Respect other people's point of view

A hearing can bring up many emotions for people. It's important to have respect for everyone's point of view.

Yelling, threats and interruptions won't be tolerated and may result in the speaker being excluded from the rest of the hearing.

During the hearing, the other person might call into question what was said or have a different interpretation of events. Regardless, the other person has a right to be heard. 

  • To minimize interruptions, make sure you mute your phone while others are speaking

Stay on the phone the entire time of the hearing

For the most effective outcome, stay on the phone the entire time of the hearing, even if it is challenging to hear a different interpretation of events.

Hanging up does not serve your case well. It's better to remain calm and courteous. If you hang up, you won't be able to respond to the continued discussion and can't speak further about your case.

Do not interrupt when the arbitrator speaks

When an arbitrator is speaking or requesting clarifications, they are gaining an understanding of the case's details. It's important not to interrupt this process.

During the meeting, some arbitrators may ask you to elaborate on your evidence and others will leave an open space for you to speak.

  • Make sure to answer with related information only

Adjourn and reconvene

If the case is complex, the arbitrator can reconvene the hearing and continue at a later date. The arbitrator will usually set the date, then send a new notice of hearing. The same arbitrator will be assigned to the extra hearing

Arbitrators can also dismiss claims with leave to reapply with other issues on a separate application.

An applicant can request an adjournment

An applicant can request an adjournment, but this must be done at the beginning of the hearing. Granting this request is at the discretion of the arbitrator.

The applicant can request adjournment at the start of the hearing if they:

  • Haven't been able to submit evidence on time and have a good reason for not doing so

Always be as prepared as you can in case the adjudicator says no to your request.

Resources

Dispute resolution hearings

Information about what happens at dispute resolution hearings

 

Dispute resolution settlements

Learn what to expect during a settlement discussion

 

Next: after the hearing

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