Our Approach
Having the resources to advance or defend your case is useful, but resources alone don't win. Knowing how to build the case, what to put in front of an arbitrator, and how to argue it is where we come in.
There's no single way to argue a case before the RTB. What follows is how we approach it — a real (if abridged) look at the work we do for clients, and why each step matters.
If you have questions about any part of our process, get in touch.
1
Initial Consultation
Our initial consultation is an opportunity for us to meet and talk about the situation that has brought you to us. We will review any relevant documents that are related to your current (or prospective) dispute/situation and will give you feedback and direction on how to proceed.
At this stage, the legal advice we provide may be enough to solve your issue and that is ultimately our main goal. If we believe your case would benefit from legal coaching or representation, however, we will let you know during this consultation.
If you decide to hire our services, we will discuss our rates, billing, and retainers, tailored to your particular situation, at the end of our meeting.
2
Evidence Gathering
While our initial consultation allows us to get a birds-eye-view of your situation, the evidence gathering stage is where we prepare for negotiating on your behalf or representing you at an upcoming hearing.
We will be conducting a thorough interview with you about the facts related to your case and we will request that you provide us with any documentary evidence that you have available, like a tenancy agreement, condition inspection report, or any correspondences like email or text message, that are relevant. This allows us to get a better understanding of your case when negotiating, and in the case of a hearing, we can prepare an evidence package to rely on at the hearing.
3
Preparation of Written Submissions
Residential Tenancy Branch hearings are conducted by telephone and are scheduled for a total of one (1) hour. This leaves very little time to introduce yourself, provide your oral evidence, explain your documentary evidence, and to offer any rebuttal to your opponent's arguments who will also want to argue their case in this one-hour-timeframe.
The purpose of written submissions is to give an arbitrator an outline or a summary of the facts that you will be giving, as well as the law that you are relying on. More generally, written submissions allow an arbitrator to supplement their own understanding and notes from the hearing when deciding your case.
Here is a sample of the written submissions that we prepared, taken from a real case (but abridged and redacted for confidentiality reasons, of course). A quick look through these sample submissions gives you a very good idea what our client's position was without having attended the hearing. Since an arbitrator likely has no background in the facts of your case, written submissions provide an invaluable introduction and summary of your dispute.
Written submissions are not required for RTB hearings, but this is where most of the value is added to your case. In the event you need to judicially review your decision, your written submissions will give a judge a good idea what your position was at the hearing making it easier to advance or defend a judicial review.
4
The Hearing
The hearing is where every piece of your case comes together and is argued before an RTB arbitrator. This is the moment everything has been building toward, and where preparation does the heavy lifting.
The arbitrator will hear from you, your opponent, and any witnesses either side calls. You'll present your evidence under oath (or solemn affirmation, if you prefer), and after both parties have been heard, the arbitrator may ask questions before concluding.
This is where the earlier steps pay off. Because we've already built your evidence package and filed written submissions, we're not scrambling to explain your case in real time, we're walking the arbitrator through a position they can already see laid out in front of them, pointing them to the specific evidence that supports each point. In a hearing where each side has roughly 20 minutes to make its case over the phone, that preparation is the difference between being heard and being rushed.
We can't guarantee any particular outcome. What we can do is make sure your case is presented as clearly, completely, and persuasively as the format allows.
5
Post-Hearing Processes
Getting your order isn't always the finish line. Once the decision is in hand, there are often further steps to take, and we don't leave you on your own at this stage.
If the decision went against you and was flawed, there may be grounds to challenge it through a judicial review, and the submissions we prepared put you in a strong position to do so.
If you won a monetary order, the next challenge is often collecting on it. An order doesn't enforce itself, and recovering what you're owed can be its own process. We handle enforcement and collections, from serving the order through to garnishment and other recovery tools, so the result you won actually reaches your pocket.
Whatever comes after the hearing, get in touch and we'll help you take the next step.
