Should You Bring Your Tenancy Dispute to the Residential Tenancy Branch or the BC Supreme Court?

One of the questions we are frequently asked is whether a tenancy dispute can be brought in the Supreme Court of British Columbia instead of before the Residential Tenancy Branch (RTB). There is often an assumption that Supreme Court is simply another available option, or that it may be preferable in certain situations.

This post is intended to clarify which claims belong before the RTB, which claims may proceed in Supreme Court, and what jurisdictional and monetary considerations determine that outcome. Understanding where a dispute properly belongs is essential before taking any formal steps.

The RTB Has Primary Jurisdiction Over Tenancy Matters

Under the Residential Tenancy Act (the "Act") the Residential Tenancy Branch has sole jurisdiction to determine matters relating to residential tenancies. Practically speaking, this means that if a dispute arises out of a tenancy agreement, the RTB is the primary decision‑maker. This applies regardless of the rent amount. Whether you are paying $200 per month in rent or $20,000 per month, issues arising from the tenancy itself must generally be brought before the RTB.

For example, if a landlord is failing to repair a leak, refusing to fix an appliance, or otherwise not complying with their obligations under the tenancy agreement or the Act, the proper forum to seek an order is the RTB. The RTB has the authority to hear the dispute and render an order to address the issue.

In most day‑to‑day tenancy disputes, the RTB is not just the appropriate forum—it is the required one.

When the Supreme Court Becomes Relevant

The Supreme Court becomes relevant primarily in the context of monetary claims.

While the RTB has jurisdiction over tenancy matters, it does not have unlimited authority to award monetary compensation. There are statutory limits on the amount that can be claimed at the RTB.

Generally, the RTB’s monetary jurisdiction is capped at $35,000. If a party wishes to claim more than that amount, the claim cannot fully proceed at the RTB unless the claimant agrees to give up the portion exceeding the limit.

There is one significant exception. In the case of a tenant’s claim for compensation equal to 12 months’ rent under section 51 of the Residential Tenancy Act, the RTB’s monetary limit increases to $65,000. In those circumstances, a tenant can seek up to $65,000 through the RTB.

Outside of that specific scenario, the standard monetary ceiling of $35,000 applies.

Claims Within the RTB Monetary Limits

If your claim falls within the applicable monetary limits—either under $35,000 generally, or under $65,000 for a section 51 claim—then the matter must proceed before the RTB.

In those circumstances, the RTB is not only the practical forum but also the required one. The Supreme Court does not replace the RTB simply because a party prefers a different process. Where the claim amount fits within the RTB’s jurisdictional limits, the dispute belongs there.

Claims Exceeding the RTB Monetary Limits

If your monetary claim exceeds the applicable RTB limit, the situation changes.

At that point, you have a choice. One option is to proceed before the RTB and waive any entitlement to the portion of your claim that exceeds the statutory cap. In other words, you can limit your recovery to $35,000 (or $65,000 in a section 51 case), even if your actual loss is greater.

The alternative is to commence a proceeding in the Supreme Court of British Columbia and pursue the full value of your claim.

This is where strategic considerations become important.

Procedural Differences Between RTB and Supreme Court

The RTB process is designed to be accessible and efficient. Hearings are typically shorter and less procedurally complex. There are thousands of RTB decisions issued every month. The system is built to handle a high volume of disputes in a relatively streamlined way.

Supreme Court litigation is different.

The Supreme Court process is more intensive and more involved. It carries significantly more procedural requirements. There are formal pleadings, timelines, evidentiary rules, and court procedures that must be followed. The process is more structured and can be more demanding in terms of preparation and cost.

Notably, despite the volume of tenancy disputes in British Columbia, only a handful of cases have been decided in the Supreme Court instead of the RTB. - ever. That contrast illustrates how uncommon it is for tenancy matters to proceed outside the RTB framework.

The Importance of Legal Advice

Because of the procedural complexity and strategic implications of choosing the Supreme Court, anyone considering that route should first seek legal advice. On balance, the RTB resolves the vast majority of tenancy disputes in the province. The Supreme Court is available in certain monetary circumstances, but it is not simply an alternative venue for ordinary tenancy disagreements.

Understanding the jurisdictional boundaries and monetary limits is essential before deciding where to bring your claim. The wrong choice can affect both your recovery and the complexity of your case.

Conclusion

In summary, the Residential Tenancy Branch has sole jurisdiction over tenancy matters in British Columbia. For most disputes arising out of a tenancy agreement—regardless of the rent amount—the RTB is the proper forum.

The Supreme Court becomes relevant primarily when a monetary claim exceeds the RTB’s jurisdictional limits. In those cases, a claimant must decide whether to waive the excess and proceed at the RTB or pursue the full claim in Supreme Court through a more formal and procedurally intensive process.

If you are unsure where your claim belongs, that uncertainty alone is a strong indicator that you should seek legal advice before filing anything. Bringing a claim in the wrong forum, or waiving part of your entitlement without fully understanding the consequences, can have lasting effects on your case.

At Bright Law, we regularly advise clients on jurisdictional strategy, monetary limits, and the practical realities of both RTB hearings and Supreme Court proceedings. If you are considering starting a claim—or if you are wondering whether Supreme Court is truly an option in your situation—contact our office to obtain tailored advice before taking your next step.