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Review, clarify or correct decisions and orders

Last updated on February 29, 2024

A dispute resolution proceeding is a formal, legal process that results in an arbitrator making a final, binding decision. In some circumstances, you can request a review of the decision. There are some situations where corrections or clarification are required.

On this page

Request to clarify a decision 

Arbitrators write their decisions as plainly as possible. If a decision or order seems unclear, you can request to have the decision or order clarified by the Residential Tenancy Branch (RTB).

Either party can submit a Request for Clarification of a Dispute Resolution Decision or Order (PDF, 181KB) - Form RTB-38.

When requesting to have the decision or order clarified:

  • Make the request within 15 calendar days of receiving the decision or order
  • There is no need to notify the other party unless an arbitrator suggests you do

How to apply

Correct an error in a decision 

Correcting an obvious error or missing information 

If a decision or an order contains obvious errors or if the arbitrator left out information they said would be included, you can request to have the decision or order corrected by the RTB.

Either party may submit a Request for Correction of a Dispute Resolution Decision or Order (PDF, 125KB) - Form RTB-6.

For example:

  • The decision states that a tenancy started on January 1, 2006, when it was agreed that the tenancy started on February 15, 2005
  • The decision states a party was awarded the security deposit and the filing fee, while the order doesn’t include the filing fee

Guidelines

This type of correction:

  • Is free of charge
  • Should be made within 15 calendar days of receiving the decision or order
  • Does not require the other party to be notified unless an arbitrator says so

How to apply

Correcting small errors

Correcting misspelled names, incorrect addresses or math errors is important because an order may not be enforceable through the court if names or addresses are incorrect or incomplete, or if there are other errors.

Either party may submit a Request for Correction of a Dispute Resolution Decision or Order (PDF, 125KB) - Form RTB-6.

For example:

  • The dispute address listed is 498 Ogilvie St. when it should be 489 Ogilvie St

Guidelines

This type of correction: 

  • Is free of charge
  • Has no time limit for requesting

How to apply

Review consideration guidelines

The review consideration process lets you ask an arbitrator to review an original decision or order.

There are only limited situations where a review consideration application applies. A review is not a chance to re-argue your case or include evidence which should have been presented at the hearing. Disagreeing with a decision is not grounds for a review.

If your application for review is accepted, it does not mean your original decision is overturned. Instead, the arbitrator might reconvene the original hearing. There may also be a new hearing with a new arbitrator or a written hearing.

Reasons your application would be dismissed

There are some circumstances when your application would be dismissed.

Simple correction only

Your claim only requires a simple correction or clarification of a decision.

Incorrect procedure or law

The application was not:

  • Submitted on time and did not include proof that the applicant was prevented from applying on time
  • Made in the approved form
  • Based on the law, real facts or proper grounds for review

Incomplete

The application did not provide:

  • A complete description of the reason(s) for review
  • Sufficient evidence for a review
  • Sufficient grounds for setting aside or amending a decision or order
  • Information on how the review will affect the original decision in a material way. For example, if the review would change:
    • Who the decision is in favor of
    • The terms of an order
    • The amount of a monetary order

Grounds for review

The grounds for review are very specific. If the party cannot prove that they meet these specific grounds, their application will not be successful.

Examples where grounds for review are accepted: 

New evidence

There is new and relevant evidence that affects the decision that was not available at the time of the original hearing.

The new evidence must be submitted with the review application and state:

  • How it is relevant
  • Whether it proves or disproves the evidence presented 
  • Why it was not available at the time of the original hearing

For example:

  • A report that was published after the original hearing and includes relevant information to the dispute

This also applies if a party submitted material evidence after the applicable time expired but before the original hearing due to unexpected circumstances beyond their control.

One party was unable to attend

One of the parties can submit evidence to prove they could not attend the original hearing or part of the hearing due to unexpected circumstances beyond their control.

A party must submit evidence with their application that shows something unexpected or out of their control prevented them from attending. Personal excuses such as “I forgot the time” or “my cell phone died” will not be considered.

For example, if you were unable to attend your hearing because you were extremely ill and in the hospital:

  • You can submit documentation from your doctor or the hospital proving your condition

Fraud

There is evidence that the original decision was obtained by fraud. A party must submit evidence to prove each of the following:

  • Information presented at the original hearing was false
  • The person submitting the information knew that it was false
  • The false information was used to get the outcome desired by the person who submitted it

For example, one party submits a falsified report and the report submitted has important information deleted from it. In this case, the party applying for review consideration would need to submit:

  • The original report and the changed report
  • Evidence of how the other party would have known the information was deleted
  • A copy of the arbitrator’s decision highlighting references to the falsified report

RTB procedural error

A person who performed administrative tasks for the RTB made a procedural error that materially affected the result of the original hearing.

For example:

  • A staff member filed evidence in the wrong file

Technical issues

 A technical irregularity or error occurred that materially affected the result of the original hearing.

For example:

  • An applicant uploaded their evidence to the system and received confirmation it was uploaded. A system error caused the evidence to become corrupted and unviewable by the arbitrator. 

Issue not determined

In the original hearing, the arbitrator did not determine an issue that they were required to determine. This includes if the arbitrator completely missed determining an issue or they decided they have no authority or ability to determine an issue, but their decision was fundamentally defective.

For example:

  • An arbitrator made an error when calculating the time limit for filing the dispute resolution application and dismissed it on this basis without considering the issues raised on the application

No jurisdiction

In the original hearing, the arbitrator determined an issue that they did not have jurisdiction to determine. This includes if the decision was:

  • Outside of the arbitrator’s authority granted to them by the legislation
  • The arbitrator decided they had the authority to determine the issue but that decision was fundamentally defective

For example, an arbitrator applied to the Human Rights Code when making their decision.

Learn more about the Supreme Court of BC's Judicial reviews.

How to apply

Online

Apply for a correction, clarification, or review online

Apply Online

In-person

If you cannot apply online, complete an Application for Review Consideration (PDF - 336KB) - Form RTB-2.

Clearly indicate the grounds for review and include all evidence that supports your claim.

Submit your application along with the $50 filing fee:

Deadlines to apply for review consideration

You have 2 days after receiving a decision or order related to:

You have 5 days after receiving a decision or order (other than an Order of Possession) related to:

You have 15 days after receiving a decision or order related to any other matter.

Possible outcomes

During a review, the arbitrator considers the written application and evidence only. An application can either be dismissed or considered for further review. The RTB will send a copy of the decision to the party who made the Application for Review Consideration.

Applications considered for further review

Applications are successful if they demonstrate that a decision or order needs to be reconsidered based on one of the grounds for review.

In these cases, an arbitrator will order:

  • A new hearing with a new arbitrator where both parties will be invited to submit evidence, attend the hearing and make statements
  • A written hearing where the decision will be based only on documents submitted and evidence from the original hearing – both parties may be invited to make additional submissions
  • The original hearing to reconvene with the original arbitrator to address a specific part of the claim – both parties will be invited to continue with the hearing

The person who applied must:

Application is dismissed

If a review hearing is not granted, nothing more will happen.

Applying to the Courts for Judicial Review

A landlord or tenant can apply to the Supreme Court of British Columbia to set aside a decision that contains an error of fact or law or that is procedurally unfair. Disagreeing with a decision is not grounds for a judicial review.

Follow these steps to apply for judicial review:

  1. It’s best to seek legal advice before applying for a judicial review by the Supreme Court of British Columbia – if you plan to complete the process on your own, use the Judicial Review Guidebook and review helpful information for petitions for judicial review. The Supreme Court also publishes a judicial review information package.
  2. File a petition at the Supreme Court Registry
  3. Serve the petition and supporting documents on the other party
  4. Serve the petition and supporting documents on the Director of the Residential Tenancy Branch and the Attorney General of British Columbia together either by
  1. Sending one copy of the materials by registered mail (not Xpressport or regular mail) to the following address:

Ministry of Attorney General

PO Box 9290 Stn Prov Govt

Victoria BC V8W 9J7

Attention: Deputy Attorney General

  1. Or leaving one copy of the materials with a lawyer on staff at the Ministry of Attorney General during office hours at 1001 Douglas St in Victoria

Do not serve your petition materials on the RTB office in Burnaby

 

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