Serve notice for dispute resolution

If you have applied for dispute resolution, you need to serve the other party the Notice of Proceeding. Serving the notice on time and gathering proof of service is a critical step in the application process.

On this page

• Notice of Proceeding package contents
• Pick up and serve the package on time
• Serve the package and any evidence filed with the application
• Gather proof of service
• Methods of service
• Methods of service not allowed
• Apply for substituted service
• Submit copies of your proof of service
• Resources
• I need help

Pick up or print the package on time

How you receive the dispute resolution package depends on how you applied. 

Notice of Proceeding package contents

The Notice of Proceeding package includes the following documents:

• Notice of Dispute Resolution Proceeding. This is a letter that provides:
  • The names of all applicant(s) and respondent(s)
  • The process that will be used to resolve the dispute
  • The facilitated settlement conference or hearing date and time
  • The conference call details
  • Your application for dispute resolution
• Respondent instructions for dispute resolution

Depending on your application, the package might include some of these documents:

• Expedited Hearings Fact Sheet - (PDF, 60KB) - Form RTB-114E
• The Direct Request Process - (PDF, 61KB) - Form RTB-130
• Facilitation Fact Sheet - (PDF, 127KB)
• Additional Rent Increase for Capital Expenditure - (PDF, 165KB) - Form RTB-151
• Director’s Standing Order on Service for Expedited Hearing - (PDF, 54KB)
• Director’s Standing Order on Service for Additional Rent Increase Application - (PDF, 156KB)

Serve the package and any evidence filed with the application

You must serve the Notice of Proceeding package within 3 days of the date it became available to you.

• The deadline to serve the package is in the notice letter 

Include all your evidence when you serve the package

You also need to provide copies of any evidence you previously submitted to the RTB with the Notice of Proceeding package.

The person responding to your claim (the respondent) needs to have the full picture of what is being asked in order to fully respond to the dispute. 

Gather proof of service

You will need to have proof that you have served the other party with the package. This is called proof of service. It is a document, a receipt or a witness statement that shows that you have given the respondent the package. There are different types of proof, depending on how you served the package. 

Pay attention to the 'considered received' date

Once you've served the package, you need to know the date that it is considered received. Both applicant and respondent need to pay close attention to the considered received date. This is the official date that starts the clock and gives the other party time to respond.

Methods of service

There are several ways to serve the package. These are called methods of service. Choose the method that is the least stressful and most straightforward for you. This might depend on the relationship that you have with the other party.

Serve by Canada Post registered mail

Send by registered mail to the person’s residential address, or the place where the landlord conducts business as a landlord.

1. Visit the nearest Canada Post office
2. Canada Post will give you a receipt
3. Print the online tracking report from the Canada Post website

​How to prove you served the other party

• Submit a copy of the receipt to the RTB

When the package and evidence are considered received

• The package is considered received 5 days after you serve the other party (unless the person states that they received it on an earlier date)

Tips if you don't have the other party's address

• Check if it is on the move-in inspection 
• If you have been given a Notice to End Tenancy, check the address
• Ask a neighbour if they know
• Ask a neighbour or other party for the landlord's contact information and text or email the landlord to request the address
• If you have been corresponding by email, check if there is an address in the email signature

Serve directly in person

Serve the package to the other party in person.

How to prove you served the other party

• Have a witness who personally delivered the documents or witnessed you giving or posting the documents
• Ask them to make a sworn statement
  • A sworn statement is a written and signed document that states that they either served the package or saw you serving the package

When the package and evidence are considered received

• The package is considered received the same day

Serve the landlord's agent

Serve the package to the landlord’s agent.

• Tenants should note the name of the person

How to prove you served the other party

• Take someone with you as a witness and ask them to make a sworn statement
  • A sworn statement is a written and signed document that states that they either served the package or saw you serving the package

When the package and evidence are considered received

• Considered received the same day

Serve at the other party's address

Attach a copy to a door or other visible place at the address at which the person resides. The notice of proceeding packages can only be served in this manner when a Landlord has applied for an Order of Possession.

How to prove you served the other party

• Take someone with you as a witness and ask them to make a sworn statement
  • A sworn statement is a written and signed document that states that they either served the package or saw you serving the package

When the package and evidence are considered received

• Considered received 3 days after you served it (unless the person states that they received it on an earlier date)

Serve by email 

Email the package to the email address they previously provided you. If you want to serve by email, you must have the other party's written permission to do so.

For example, if both parties have a previous communication agreement or have signed an Address for Service - (PDF, 511KB) - Form RTB-51, you can serve by email.

• If you are not familiar with email, it's better to use a different method in case you miss communication

How to prove you served the other party

• If serving by email, save a copy of the email

When the package and evidence are considered received

• Considered received 3 days after you served it (unless the person states that they received it on an earlier date)

If the other party won't accept the package

If the other party won't take service of the package and you can't provide proof, you will need to gather evidence of refusal of service.

• For example, a sworn statement from a witness. 

Methods of service not allowed

• Delivering a copy to a tenant’s place of work (unless the tenant provides their workplace as a forwarding address)
• Sliding a copy under the person’s door

Apply for substituted service

You can apply for substituted service if you can't serve a document using one of the methods required by law.

You can apply online or submit the Application for Substituted Service (PDF, 100KB) - Form RTB- 13, if you apply by paper.

You need to have evidence that shows the requested service method will work. For example:

• A recent email from a landlord showing the landlord checks that email address

Submit copies of your proof of service

Regardless of the method used to serve notice, be prepared to satisfy the RTB or a court that the document was properly served.

How to submit the proof of service

Submit the Proof of Service Notice of Dispute Resolution Proceeding (PDF, 788KB) - Form RTB-55, along with the relevant copies of your proof to the RTB as soon as possible.

Next: prepare and serve evidence

Resources

Service Provisions (PDF, 408KB) Policy Guideline 12

I need help