Residential Tenancies Branch
FACT SHEET
Hearings & Mediation
Notice of Hearing
The attached form is your notice to attend a hearing scheduled by the Residential Tenancies Branch. The date, time and location of the hearing are shown on the bottom of the attached form. It is important that you attend.
The Residential Tenancies Branch schedules a hearing when:
- a landlord or tenant files a claim for money during or after a tenancy;
- a landlord makes an Application for an Order of Possession.
The attached form shows if the hearing is about a claim for money or for an Order of Possession (or both).
One way to resolve issues and problems between a landlord and tenant is through mediation. In mediation, an impartial person called a mediation officer tries to help a landlord and tenant reach agreement on a claim or on an application for an order of possession. A mediation officer does not take sides or pass judgement.
A mediation officer is available to help you try to settle this matter before the hearing.
On an Application for an Order of Possession, a mediation officer’s name and phone number are included on the front of the notice of hearing form. Call the mediation officer to start the mediation process.
On a Claim, you must complete the Offer to Settle form attached to the claim and return it to the Branch. A mediation officer will then contact you to discuss your offer.
What does a mediation officer do?
A mediation officer will try to help a landlord and tenant reach an agreement. The mediation officer will usually speak to the landlord and tenant on the telephone first. Sometimes mediation can take place at a face-to-face meeting. The mediation officer will decide which method to use.
What happens if an agreement is reached?
If a landlord and tenant reach an agreement, the mediation officer will put the agreement in writing and give the landlord and tenant a copy. If either party does not follow the terms of the agreement, the Residential Tenancies Branch will issue an order to enforce the agreement. The order cannot be appealed.
What happens if an agreement cannot be reached?
Sometimes landlords and tenants do not reach an agreement, even with the help of a mediation officer. In this case, a hearing will go ahead as scheduled.
If mediation does not work, the Branch will hold the hearing on the date and time shown on the Claim and Notice of Hearing form or the Application for Order of Possession form. A hearing officer conducts the hearing. The hearing officer will make a decision based on the facts presented by both sides. (The hearing officer and mediation officer are two different people.)
-
The hearing officer will ask for the names of everyone who attends the hearing. The officer will also ask all witnesses to leave the room; they will be called in later to give evidence.
-
When the hearing officer asks you to give information, you should speak directly to the hearing officer, not to the other person. There should be no discussion between the landlord and tenant.
-
The person making the claim or application (claimant/applicant) presents their information first. Any witnesses are called one at a time. The other person can question the witnesses.
-
The person against whom the claim/application is made (respondent) then responds. Witnesses are called one at a time. The claimant/applicant can question the witnesses.
-
The landlord and tenant will each have another opportunity to speak at the end of the hearing to sum up their position.
-
The hearing officer may ask questions throughout the hearing.
- The hearing officer will send a written decision to both the landlord and tenant after the hearing. Please make sure your correct address is on file.
If only one person attends the hearing, the hearing officer will:
- take any information that person has to give;
- let the person respond to any information the person not present provided before the hearing;
- issue a written decision to both the landlord and tenant.
What should you bring to the hearing?
You should bring any evidence* or witness you think will help you. You must bring copies of your evidence for the other party too. Potential evidence includes:
- the tenancy agreement
- condition reports
- invoices
- photographs
- written statements from witnesses who cannot attend.
*The Branch will keep your evidence until after the appeal period ends.
If you are the claimant or applicant, you must also bring a completed Declaration of Service form with you to show that you served the other person at least five days before the hearing. The declaration must be witnessed by a Commissioner for Oaths.
What if you do not agree with the decision?
If you do not agree with the decision, you can appeal it. To appeal an order or a decision, you must contact the Residential Tenancies Commission at 1650 - 155 Carlton Street, Winnipeg (or your area’s Branch office). You must appeal within 14 days of receiving the order from the Branch.
For Branch offices click here
