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TRAC has two great articles about the hearing process. The first is about what happens at the hearing, and the second is about how to prepare for it.
Below are some additional details that apply specifically to ARI-C hearings.
Landlord submits the application. The RTB will review the application and ensure that it is complete. At this time, they do not check if expenditures are eligible; those decisions are made during the adjudicative hearing.
Notice of dispute resolution proceeding is issued. This set of documents will include the landlord’s application and information on how to participate in the upcoming hearings. This information will be served to you by the landlord, or on their behalf by a third party (such as their lawyer).
The landlord is also required to serve certain documents at this time. Those details are in Rules 3.1 and 11 of the Rules of Procedure. In summary:
Receive evidence. Before the adjudicative hearing, the tenants should receive an evidence package from the landlord. This will contain all evidence they are using to support their application at the adjudicative hearing, and may also include any written submissions, as well as any summaries the arbitrator has required be provided. It must be served to all the respondents (tenants) in line with the Rules of Procedure and the interim decision, which can override the Rules by, for example, requiring the evidence be served earlier.
Submit counterevidence. In response to the evidence and other submissions, the tenants can provide evidence of their own that counters the submissions or evidence of the landlord. This must be served to both the landlord and the RTB in line with the [Rules of Procedure] and any orders in the interim decision.
Adjudicative hearing. This hearing is also known as the “main” or “substantive” hearing. It is where the landlord(s) and tenant(s) will have the opportunity to present their arguments to the arbitrator and bring attention to various pieces of evidence they have submitted.
Decision. The arbitrator’s decision will contain the background of the case as they understand it, their summary of what submissions influenced their decision, and their analysis of how relevant legislation applies in the case. They will conclude with a summary of the results in the form of orders.
In some cases, the RTB will hold a hearing to address procedural issues. This occurs after the Notice of Dispute Resolution paperwork is served, but before evidence.
It is recommended that you attend (or call in, as appropriate) even if you don’t have anything to say or address. The arbitrators in some ARI-C cases have made decisions about who can make oral submissions (speak) at the adjudicative hearing based on their appearance at the preliminary hearing.
Disclaimer
This site has been created by tenants, for tenants, to help them fight against improper applications and ineligible expenditures. I am not a lawyer. This is not legal advice. It is provided for informational purposes only, and will always be evolving.
See something that’s incorrect? Is there something that you think should be added? Do you have questions for a fellow tenant? Email me at [email protected]!