RTA · Residential Tenancies Act
Part 5 — The Court of Justice
53 Appeal
30 days after the order being entered under section 54 and served,
appeal the order to the Court of King's Bench by way of an
application.
(2) The party commencing an appeal under this section shall file
with the Court of King's Bench copies of
(a) all notices, documents and affidavits filed in the Court of
Justice in respect of the application made in the Court of
Justice, and
(b) the order being appealed.
(3) The application and copies of the notices, documents and
affidavits filed with the Court of King's Bench under subsection
(2) must be served on the other parties to the action at least 3 days,
exclusive of holidays and Saturdays, before the day named in the
application for the hearing of the application.
(4) On hearing the matter, the Court of King's Bench may make
any order it could have made had the application for the order
being appealed from been commenced in the Court of King's
Bench instead of in the Court of Justice.
(5) The commencement of an appeal under this section does not
stay the order being appealed except as directed by the Court of
King's Bench.
2004 cR-17.1 s53;2009 c53 s163;AR 217/2022;AR 75/2023