RTA · Residential Tenancy Dispute Resolution Service Regulation
Part 3 — or 4 of the Residential Tenancies Act or Part 3 or 4 of the Mobile Home Sites Tenancies Act.
25 Decision on appeal
(a) no evidence other than the evidence that was submitted to
the Dispute Resolution Service may be admitted, but the
Court of King's Bench may draw any inferences
(i) that are not inconsiste nt with the facts expressly
found by the Dispute Resolution Service, and
(ii) that are necessary for d etermining the question of
law or of jurisdiction
a n d
(b) the Court of King's Bench may confirm, vary, reverse or
cancel the order of the tenancy dispute officer.
(2) If the Court of King's Bench cancels an order of the tenancy
dispute officer, it may refer the matter back to the Dispute
Resolution Service, in which case the Dispute Resolution Service
must rehear the matter and deal with it in accordance with any
direction given by the Court of King's Bench on the question of
law or of jurisdiction.
(3) No member of the Dispute Resolution Service is liable for
costs by reason or in respect of an appeal.
Section 26 AR 98/2006
RESIDENTIAL TENANCY DISPUTE
(4) If the Court of King's Bench finds that the only ground for
appeal established is a defect in form or technical irregularity and
that no substantial wrong or miscarriage of justice has occurred, it
may deny the appeal, confirm the order of the tenancy dispute
officer despite the defect and order that the order of the tenancy
dispute officer takes effect from the time and on the terms that the
Court of King's Bench considers proper.
AR 98/2006 s25;218/2022