Section 11 

Hearings/Hearing Orders

Sub-Section 11.5

Hearing Orders - Amending An Order



Legislation


S. 160.1, The Residential Tenancies Act

Definitions

Claimant:  a person who makes a claim against another.

Guarantor:  a person who enters into a guarantee agreement with a landlord.

Order: an order for one person to pay another, generally for rent arrears, damage or cleaning costs.

Respondent: a landlord, tenant or co-signer against whom a claim is made.


Policy

The Branch can only amend an Order to:

  • correct a typing error  (for example: the respondent’s name was misspelled);
  • correct a simple calculation error, like a mistake in addition or subtraction or an improper calculation of interest;
  • add items that were claimed, but accidentally left off the Order;
  • add names of respondents that were improperly omitted;
  • correct an injustice cased by an oversight by the Branch; For example:  The Branch awards a landlord compensation for unpaid rent, but fails to take into account a payment the tenant made between the time the original claim was filed and the hearing.

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The Branch may correct or amend an order at the request of a person directly affected by the order.  Occasionally, the Branch will correct or amend an order on its own initiative.

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A request to correct or amend an order must be made on or before the appeal date shown on the order.

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The Branch provides forms for requesting a correction or amendment of an order.  A person requesting a correction or amendment does not have to use the form, but the request must be in writing and contain the following information:

  • the order number
  • the address of the rental unit
  • the name and contact information of the person making the request
  • the details of the correction or amendment being requested

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Whenever possible, the officer who made the original decision will review the request to correct or amend.  If the officer is not available, the request will be considered by the Manager, Adjudication Services.

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After reviewing the request, the officer may:

  • correct or amend the order;
  • deny the request to correct or amend.

In some cases, the officer may invite written submissions about the request to correct or amend the order and amend or deny the request based on those submissions.  In rare situations, the officer may hold a hearing to determine if the order should be amended or the request to correct or amend denied.

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At the request of a person or on the Branch’s own initiative, an order may be stayed to allow for consideration of a request to correct or amend.  When an order is stayed, it cannot be enforced in the Court of Queen’s Bench. 

Generally, a stay of an order will not be necessary unless a request to correct or amend is received close to the deadline for appeal and the Branch cannot deal with the request immediately. 

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When the Branch corrects or amends an order, it may be necessary to amend other parts of the order.  For example:  If an Order of Possession is corrected or amended, it may be necessary to “update” the day the tenant is to move out of the rental unit.

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When the Branch corrects or amends an order, the amended order will identify the corrections or amendments that have been made.

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The Branch’s decision to correct or amend an order is not appealable.  However, if the Branch does correct or amend an order, the amended order will have a new appeal period.

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The Branch generally can’t amend an Order to correct the name of a respondent if the claimant spelled the name incorrectly on the Claim and Notice of Hearing form.  It may be difficult for a claimant to enforce an Order in Court of Queen’s Bench if the respondent’s name is not correct.  In such a case, the claimant should consider re-filing and re-serving the claim.  The claimant must pay a second filing fee.

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If a respondent legally changes their name after the Branch issues an Order, the Branch can’t amend the Order to show the name change. Only the Court of Queen’s Bench has the authority to amend an order under these circumstances. The claimant can file a motion in the Court asking that the Court amend the Order. When filing the motion, the claimant must complete a statutory declaration and provide evidence of the name change, i.e. a copy of a marriage certificate or change of name from Vital Statistics. The Court will give a claimant a sample copy of the motion and declaration. If the claimant is not able to complete the forms, they should contact a lawyer.



Procedure

Overview   

A landlord or tenant asks the Branch to amend an Order.  The officer who issued the Order reviews it to see if we have the authority to correct or amend.


Steps ▼   

1.   A landlord or tenant completes a Request to Correct or Amend an Order.

2.   The officer reviews the file to determine if they can correct or amend the       Order.

3.   If the officer determines that they made an error, they will issue an       Amended Order.  The Amended Order shows why the officer amended       the original Order.  The officer will extend the deadline for appeal.  For       example:  If the officer improperly omitted a respondent’s name on the       original Order, the officer would set a new appeal date to allow the       respondent an opportunity to appeal the Order.


 

 

Forms & Form Letters


Request to Correct or Amend an Order


 

 

X-Referencing

For information on claims for compensation, see Section 9.
For information on Orders of Possession, see Section 8.
For details on making a claim for more than a security deposit, see Section 10.


 

 

Policy Developed

October, 2002*


Last Revision

June, 2009


 

Other Resources

None


 

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