Find out what to do if you have been served with a dispute resolution package.
If you've been served with a dispute resolution package, another person has applied to the Residential Tenancy Branch (RTB) to help resolve a dispute you're involved with.
This formal process is called dispute resolution
Your role is to prove what the other person is claiming is not true.
A landlord or a tenant can apply for dispute resolution.
If you are involved in a landlord or tenant dispute, the other person will give you a package called a Notice of Dispute Resolution. Being given the package is called being served.
The Notice of Dispute Resolution package contains all the information you need and includes documents with details about the claim. The package provides more information about the other party's concerns and the evidence they have to support their claim.
Review the package carefully so you can respond accurately to what the other party is claiming.
Generally, you can be served with a package for issues, such as:
In most cases, the other person has the burden of proof. That means they have the most responsibility to prove what they are claiming.
The Notice of Dispute Resolution package will say whether you need to attend a facilitated settlement conference or a participatory hearing to resolve the dispute.
If you receive a dispute notice, you're the respondent.
Eviction notices are different.
If you've been served with an eviction notice, figuring out if you're an applicant or respondent is different.
Eviction notices are not the same as a notice of dispute resolution proceeding. If you receive an eviction notice and you apply to dispute it, then you would be the applicant.
Carefully review the evidence included in the Notice of Dispute Resolution package.
Depending on the situation, the evidence may be correspondence, receipts or witness statements.
You'll need to respond to this evidence and prove that it's not true.
When responding to the package, you must provide evidence supporting your side of the issue.
Both applicants and respondents need to provide copies of all evidence to the other person and the Residential Tenancy Branch (RTB).
If you've been served with a dispute package, you need to respond as soon as possible.
The package will have the date of the facilitated settlement conference or participatory hearing.
You need to make sure your evidence is received at least 7 days before the facilitated settlement conference or hearing.
This allows the other person to review your evidence before the conference or hearing.
Prepare and serve evidence explains this process:
The RTB staff only considers evidence that's been served correctly.
Even if your evidence is not available when you get the package, it should be submitted as soon as possible so that the facilitated settlement conference or hearing can take place at the scheduled time.
There are 2 options to submit:
You can submit evidence online using the Dispute access site
RTB Office
400 - 5021 Kingsway Street
Burnaby, B.C
V5H 4A5
Or at a Service BC office
Find your nearest Service BC office
If you want to make a claim on the same issues raised in the original application, you can file a cross application.
If a tenant is served with an eviction notice, they could apply to dispute it as the applicant. Then, the landlord has the option to make a cross application as the respondent.
Next: prepare for a participatory hearing