Judicial Review of an RTB Decision: When Is It Worth It?

One of the most common questions we receive after an adverse decision from the Residential Tenancy Branch is this:

“Can we take this to judicial review?”

For many people, judicial review sounds like a reset button — a second chance to reargue the case, introduce new evidence, or persuade a different decision‑maker to see things differently.

That is not what judicial review is.

Understanding what a judicial review actually does — and more importantly, what it does not do — is essential before deciding whether it is worth pursuing.

What Is a Judicial Review?

A judicial review is an application to the Supreme Court of British Columbia asking the Court to review a decision made by an administrative tribunal, such as the Residential Tenancy Branch.

The Court’s role is supervisory. It does not step into the shoes of the RTB arbitrator and remake the decision simply because it might have reached a different conclusion.

Instead, the Court asks a narrower question: Did the arbitrator make a reviewable error under the law?

That analysis focuses on whether the arbitrator followed the Residential Tenancy Act, applied the correct legal principles, and reached a decision that was legally permissible based on the evidence that was before them.

It is not an appeal in the traditional sense. It is not a second hearing. And it is rarely an opportunity to introduce new evidence.

It Is Not “Another Kick at the Can”

One of the biggest misconceptions about judicial review is that it allows a party to fix weaknesses in their original RTB case.

It does not.

The Court will generally confine itself to the record that was before the RTB. You do not get to re‑litigate the facts. You do not get to add documents that should have been filed earlier. You do not get to re‑frame the narrative.

If the underlying problem was insufficient evidence or an unfavourable credibility finding, judicial review is rarely the solution.

Judicial review is about legal error — not dissatisfaction with the outcome.

What Happens If You Win?

Even when a judicial review is successful, many people are surprised by what happens next.

In the majority of cases, the Court does not substitute its own decision for that of the RTB. Instead, it sends the matter back to the RTB for reconsideration. That means the dispute often returns to the tribunal level, sometimes before a different arbitrator, but frequently on the same factual record.

Only in rare circumstances — typically where there is only one legally permissible or likely outcome — will the Court step in and effectively decide the matter itself. Courts are cautious about doing so because administrative tribunals are entrusted with making these specialized determinations in the first place.

The practical implication is this: winning a judicial review does not necessarily mean winning the underlying dispute.

You may have overturned the original decision, but you may still face the same facts and arguments when the matter returns to the RTB.

The “Battle vs. War” Problem

This is where strategic thinking becomes critical.

Suppose you strongly believe the RTB made an error. Suppose further that you are successful on judicial review and the decision is set aside.

You must then ask: what happens next?

If the core facts remain unfavourable, there is a real possibility that the RTB will reach the same conclusion again on reconsideration — this time with corrected reasoning. In that situation, you may have won the battle in Supreme Court but lost the broader dispute in practical terms.

Judicial review can involve significant legal fees, preparation of court materials, and procedural complexity. Spending thousands — sometimes tens of thousands — of dollars to secure a reconsideration that leads to the same outcome is not a strategic win.

That does not mean judicial review is never appropriate. It simply means it must be assessed with a clear understanding of the long game.

The Risk of Costs

There is another important difference between RTB proceedings and court proceedings: costs. The Residential Tenancy Branch does not generally award costs in the same way a court does. The Supreme Court of British Columbia does.

If you bring a judicial review and you are unsuccessful, the Court has discretion to order you to pay costs to the other side. Those costs are separate from your own legal fees and can add up quickly.

Judicial review therefore carries financial risk beyond what most parties experience at the RTB level. Before initiating the process, it is essential to weigh not only the likelihood of success but also the potential downside.

When Might Judicial Review Be Worth It?

Judicial review may be appropriate where there is a clear legal error — for example:

• The arbitrator applied the wrong legal test;

• The arbitrator ignored mandatory statutory provisions;

• The decision is internally inconsistent or legally unreasonable;

• Procedural fairness was denied in a meaningful way.

In those situations, the issue is not merely disagreement with the result. It is that the decision may not withstand legal scrutiny. Where the error is significant and outcome‑determinative, judicial review can be a powerful corrective mechanism. But it must be approached with discipline and realism.

Final Thoughts: Strategy Over Emotion

An unfavourable RTB decision can feel deeply frustrating, especially where housing, finances, or personal circumstances are at stake.

However, judicial review is not a magic bullet. It is a focused legal tool designed to address reviewable errors — not to provide a second opportunity to argue the same case.

The key questions are:

• Was there a genuine legal error?

• Is the error likely to change the outcome?

• What happens if the matter is sent back to the RTB?

• Are the costs and risks proportionate to the potential benefit?

These are strategic questions, not emotional ones.

If you are considering a judicial review of an RTB decision, we strongly recommend obtaining legal advice before taking further steps. A careful assessment of the record, the applicable standard of review, and the practical implications can help determine whether pursuing the application is truly worthwhile.

If you would like guidance on whether a judicial review makes sense in your situation, we invite you to contact our office to book a legal advice session. Thoughtful planning at this stage can prevent costly missteps and ensure that your next move is a strategic one.