RTA · Mobile Home Sites Tenancies Act
Part 5 — .1
59.5 Review before filing with a court
under Part 3 or Part 4 may be filed by a clerk of a court, the clerk
shall, in accordance with the process set out in the regulations,
determine whether an application has been filed with the Dispute
Resolution Service
(a) for the remedy applied for in the application to the court, or
(b) for any other remedy that is available under Part 3 or Part 4
to resolve a related dispute between the parties to the
application to the court.
(2) Where the process referred to in subsection (1) discloses that
an application, as described in subsection (1), has been filed with
the Dispute Resolution Service, the application to the court shall
not be filed except as provided in the regulations.
(3) Where, on the same day,
(a) a clerk of a court files an application made by one of the
parties to a dispute for a remedy under Part 3 or Part 4, and
(b) the Dispute Resolution Servi ce files an application made by
the other party to the dispute for any other remedy that is
available under Part 3 or Part 4 to resolve a related dispute
between the parties,
the application filed with the clerk of the court shall be proceeded
with and the application to the Dispute Resolution Service shall be
discontinued.
2020 c8 s3