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RTA Residential Tenancies Act

RTA · Residential Tenancy Dispute Resolution Service Regulation

Part 2 — Application to Dispute Resolution Service

23 Appeal

Current to 2023-04-01 · Official PDF

Appeal
24 Hearing of appeal
25 Decision on appeal
26 Stay of proceedings
27 Transfer of action
28 Failure to comply
29 Enforcement of judgment
(1) Any party who is subject to an order of a tenancy dispute
officer may appeal the order on a question of law or of
jurisdiction to the Court of King's Bench
(a) within 30 days after the order is filed, by
(i) filing with the Court of King's Bench a notice of
appeal setting out the grounds of appeal, and
(ii) serving a copy of the filed notice of appeal on
(A) the respondent,
(B) the Dispute Resolution Service, and
(C) any other person that the Court of King's Bench
directs,
a n d
(b) by filing with the Court of King's Bench not later than 7
days after the last day for service on those persons served
pursuant to clause (a)(ii)
(i) an affidavit of service of the notice of appeal, and
(ii) a copy of a requisition to the Dispute Resolution
Service for a transcript of evidence, together with
(A) a receipt for payment o f the transcript at the
expense of the appellant, or
(B) written confirmation from the Dispute
Resolution Service that a transcript is not
available.
(2) The appellant shall, within 3 months from the date the notice of
appeal is filed, file with the Court of King's Bench a transcript of
the evidence heard before the tenancy dispute officer unless
(a) the Court of King's Bench orders otherwise, or

Section 24 AR 98/2006

RESIDENTIAL TENANCY DISPUTE
(b) the Dispute Resolution Service has confirmed that a
transcript is not available.
AR 98/2006 s23;83/2017;218/2022