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Prepare for a participatory hearing

Last updated on May 7, 2024

Being prepared for your hearing means knowing what you want to say, what evidence you want to share and arranging help if you need it. 

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Tenants should prioritize remaining housed

If a tenant is disputing an eviction notice, it's a good idea to look for a new place to live while waiting for the hearing. If you lose a dispute, you might be required to leave the rental with only 2 days notice. Low-income tenants can seek support for moving.

Review your evidence

Review the evidence you submitted. Decide which pieces of evidence you will present in your hearing. Only evidence presented at the hearing will be used by the arbitrator to make their decision. 

Decide what you want

Decide what you want from the hearing and be prepared to advocate for it.

For example: You are asking for $5,000 in compensation. Be prepared to explain how you decided on this amount and why it's a reasonable resolution for both parties. 

Prepare your speaking notes

It is a good idea to prepare speaking notes. However, during the hearing, you may need to be flexible. The arbitrator will decide who gets to speak and what issues are discussed.

When preparing your speaking notes, it's best to assume that the arbitrator is not aware of your situation or the details of the dispute.  Prepare to explain your situation with facts:

  • Include all important details
  • Reference your timeline of events
  • Focus on the main issues in the application
  • Present what you think is a reasonable solution for both parties 

Make sure to present evidence thoroughly but briefly:

  • Make notes about how you will make your case and the order in which you will present evidence
  • Don’t repeat statements
  • Make all necessary points in the initial presentation of your evidence as you may not have another opportunity to present evidence later

Arrange for help at the hearing, if you need it

Accessibility

If you have a disability or are facing a barrier, you can ask for accommodations. An accommodation is a change to the hearing process that makes it more accessible. To ask for an accommodation, email the RTB at: HSRTO@gov.bc.ca. Please provide your dispute number and more information about your specific needs. If you would like to request an alternative hearing format, please complete form RTB-36 (PDF, 600KB) and include this form in your email.

If you need help at a hearing, you can also bring an agent, assistant, advocate, interpreter or lawyer.  

Agents 

An agent is someone who appears at a hearing on behalf of a landlord or tenant. Agents are often friends, family members, property managers or members of the landlord's staff.  Agents have permission to speak, act and settle claims for the person they represent.  

Assistants

An assistant is someone who provides help during the hearing. They could be a family member, friend, or another person you trust. 

Assistants can:  

  • Translate evidence or other documents before the hearing 
  • Interpret in real time for a party during the hearing 

Assistants do not speak on behalf of a party at a hearing. They can repeat statements made by either party to help everyone understand each other.  

When possible, assistants should not also be a witness at the hearing. If required, you are responsible for paying for your assistant.  

Advocates

An advocate supports the landlord or tenant by: 

  • Giving advice
  • Attending the hearing
  • Helping the landlord or tenant present their case

Advocates are not generally named as a party to a hearing. Some advocates are community-based legal advocates. They may have specific training in residential tenancy laws and procedures. 

What can advocates do before the hearing

Tenants and landlord can depend on an advocate before the hearing for support like: 

  • Making phone calls if they find the process challenging or triggering
  • Helping tenants understand documents and respond to correspondence 
  • Identifying evidence that is needed based on the situation
  • Organizing evidence
  • Submitting evidence if an applicant does not have access to computers or can't travel to a Service BC office
  • Supporting hearing preparation 

Interpreters 

The Residential Tenancy Branch can provide access to free telephone interpretation services in over 200 languages (including many Indigenous languages).

To request interpretation services:

  • Email HSRTO@gov.bc.ca
  • Include your dispute number and the language you require

Lawyers 

You are allowed to have a lawyer if you want one.

  • You need to coordinate with your lawyer before the hearing
  • You are responsible for paying any fees and can't claim legal fees as part of an application for dispute resolution

Find information about how to get help from a lawyer or legal professional:

Prepare any witnesses

Witnesses are optional. They can help you establish the facts for your side of the dispute.

If you call a witness, make sure to discuss the points you want the witness to make before the hearing. 

Witnesses must have been part of the dispute. 

Examples of people to call as a witness include:  

  • Another tenant who can testify to the dates and times of loud parties 
  • A visitor to the building noticed a maintenance issue 
  • Someone who was in the room when a landlord and tenant agreed to something

Share the hearing date and time with your witnesses

 If you want your witness to testify at the hearing, you will need to share:

  • The hearing date and time
  • The teleconference number and access code

Instead of testifying, witnesses may provide a written statement sworn before a notary, lawyer or commissioner of oaths.

Resources

Dispute Resolution Rules of Procedure (PDF, 340KB)

Next: at the hearing

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