Doing a judicial review of an RTB decision is a multi-step process. The steps you take are different, depending on what you want to do. Importantly, you need to use the same documents multiple times throughout the process. Use this Quick Start Guide to get started. Follow the links for more in-depth explanations of each step. You can also view the court forms and examples in order alphabetically.
Our blank court forms are in Microsoft Word format with footnotes explaining how to fill them in.
Our examples can help you prepare your court documents, but your situation may be different than the example. Make sure your documents explain your situation.
Fee Waiver Application
Optional first step. Ask the Court to waive your filing fees.
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To File
You Also Need:
- From “Judicial Review” – Petition for Judicial Review
Attach the Petition to your Affidavit as “Exhibit D”
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**You don’t actually file this document, but you need to show it to the court registry when you file so that they can review it or “vet” it before you go in front of a judge.
Stay Application
Ask the Court to stop your landlord from taking any action on your Residential Tenancy Branch decision.
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To File
Use these for both “Regular” and “Without Notice” applications.
You Also Need:
- From “Judicial Review” – Affidavit in Support of Petition
Include your facts for your Stay Application in your “Affidavit in Support of Petition” underneath your facts for your Petition for Judicial Review
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**You don’t actually file this document, but you need to show it to the court registry when you file so that they can review it or “vet” it before you go in front of a judge.
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To Prepare for the Hearing
The Hearing Binder or “Application Record” (“Regular” / “Without Notice“):
At the Hearing:
This is an example of what you could say at your Stay Application Hearing.
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After the Hearing
Serve the other parties with your documents.
Judicial Review
Tell the Court that there were errors in the RTB decision and ask the Court to set the decision aside.
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To File
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To Prepare for the Hearing
Before the Hearing:
The Hearing Binder or “Petition Record“:
Book of Authorities (optional):
At the Hearing:
End of the Hearing:
Examples
Stay Application
1A. Notice of Application for Interim Stay (Regular) Example
1B. Notice of Application for Interim Stay (Without Notice) Example
2A. Interim Stay Order (Regular) Example
2B. Interim Stay Order (Without Notice) Example
3. Application Record Title Page Example
Court Ordered Documents