The Hearing Process

When a landlord or tenant files an application with the RTDRS, a hearing date is set. Both the applicant and respondent are expected to attend the hearing.

If you are unable to attend the hearing at the date and time scheduled, please contact the RTDRS at toll free 310-0000, then 780-644-3000 for other options which may be available. If you or your representative do not attend, an order may be issued against you without further notice. The order may have serious consequences for you.

Evidence and Counter Applications

If you are the applicant, you provide your evidence to the RTDRS when you file your application. The evidence becomes part of the application package and you must also provide it to each respondent. Any additional evidence you receive after filing your application must be given to the respondent(s) and the RTDRS at least 24 hours before the date and time of the hearing.
 
If you are the respondent you have these options:

1. You can defend against the application. This means that you do not agree with the claims of the applicant and you want to bring evidence, witnesses and/or tell your side of the dispute. You must give your documents to the applicant and the RTDRS at least 24 hours before the hearing. If this is not done, your evidence may not be accepted at the hearing.
   
   
2. You can defend against the application and then file your own application at a later date if you have a claim against the applicant. On the date of the hearing only the applicant’s application will be heard. Any application made by you at a later date will be heard at a separate hearing. These two hearings will result in two decisions and two orders.
   
   
3. You can defend against the application and file a counter-application if you have a claim against the applicant. If you file your own application against the applicant before the hearing date in the Notice of Hearing that was served on you, it is called a “counter-application.”

For more information see our Counter Applications Information Sheet (pdf).

Either party may call witnesses to give evidence at the hearing. Applicants must complete the witness section of the application form so that the RTDRS staff can estimate how much time the hearing will require.

Parties must have their witnesses available in person or by way of tele-conference at the time of the hearing. If a party's witness will be heard by tele-conference, the RTDRS must be notified of this at least 24 hours prior to the scheduled hearing time. Witnesses must be available until called, excused by the Tenancy Dispute Officer or until the hearing ends.

If you require a witness to give evidence on your behalf but are not sure that they will attend on their own accord, such as a police officer or a health inspector, you may make an application for the RTDRS to issue a Notice to Attend (pdf) (which compels witnesses to attend, similar to a subpoena). You will be required to complete a Notice to Attend Affidavit (pdf) outlining why you need that person or document present at the hearing and how they will support your case. A Tenancy Dispute Officer will decide whether or not to issue a Notice to Attend based on the relevance of the information that the witness will provide. The Notice to Attend Affidavit (pdf) must be sworn or affirmed.  Take the Notice to Attend Affidavit (pdf) to a Commissioner for Oaths. The RTDRS has Commissioners available in our offices if you are in Edmonton or Calgary. If you filed your application by fax, you must fax the Notice to Attend Affidavit (pdf) to the RTDRS.

The Notice to Attend must be served personally on the witness. You must also pay a fee to the witness at the time the Notice to Attend is served on them ($10.00 a day for a regular witness and $20.00 a day for an expert witness).

Re-scheduling/Adjournments

If the Respondent Has Not Been Served

A hearing may be re-scheduled if the application package has not been served on the respondent(s). The applicant must advise the RTDRS in person, by telephone or in writing (by fax or e-mail) prior to the hearing date and time set out in the Notice of Hearing. The RTDRS will change the date and time of the hearing. The applicant shall be required to serve the respondents with an application package that indicates the new date and time.

If you are in Edmonton or Calgary you are required to come in person to the RTDRS office to re-schedule the hearing date of your application. If you reside in Northern or Central Alberta you can have your hearing date re-scheduled by fax.

If the Respondent Has Been Served

Once the application package has been served on the respondent(s), the hearing will go ahead on the scheduled date unless both parties agree to an adjournment. If both parties agree to adjourn the matter to another date, they must notify the RTDRS before the scheduled hearing date.

If both parties do not agree to adjourning the matter, either party or someone on their behalf, may make an application at the hearing to adjourn the matter to another date. The Tenancy Dispute Officer, also has the discretion to consider a written request for an adjournment. If an adjournment is granted, the Tenancy Dispute Officer will set a new date and time for the new hearing to commence.

If a party is unable to attend the hearing in person, they may attend by way of telephone conference, or by sending an agent or representative to represent them on their behalf. If either party wishes to appear by way of telephone conference they must let the RTDRS know of this at least one hour prior to the date and time of the hearing so that the appropriate arrangements may be made.

Where an applicant wishes to appear via tele-conference the Affidavit of Service must be filed with the RTDRS prior to the hearing.

Hearings before the Tenancy Dispute Officer at the RTDRS are quasi-judicial. All parties participating in the hearing are expected to conduct themselves in a courteous and respectful manner. Persons who display disruptive, disrespectful or threatening behaviour may be required to leave the hearing room at the direction of the Tenancy Dispute Officer.

Each party will be given the opportunity to present their evidence, give oral testimony and to question witnesses. To maintain the appropriate decorum, hats/sunglasses should be removed, electronic devices turned off, and refreshments must be left outside of the hearing room.

It is strongly advised that parents do not bring their children to the hearing as it may disrupt the process. The Tenancy Dispute Officer may require children to remain outside of the hearing room.

The hearing will start at the scheduled time. As a courtesy, the Tenancy Dispute Officer may wait 15 minutes for both parties to arrive. If the applicant fails to attend the hearing, the Tenancy Dispute Officer may dismiss the application with or without leave to re-apply. If the respondent fails to attend and the Tenancy Dispute Officer is satisfied that proper notice was served, they may proceed with the hearing in the absence of the respondent. If you do not attend the hearing a legally enforceable order may be issued in your absence.

All hearings are recorded and the parties along with any witnesses called shall be sworn or affirmed prior to giving their evidence. During the hearing the Tenancy Dispute Officer will first hear the submissions of the applicant followed by that of the respondent. Both parties will be given an opportunity to question each other as well as any witnesses called.

The hearing is concluded when the Tenancy Dispute Officer declares it has been concluded. Once the order is finalized, the Tenancy Dispute Officer has no further jurisdiction in respect to the matter other than to make corrections or clarifications.

After the evidence has been heard, the Tenancy Dispute Officer will make a decision and provide oral reasons for the decision which will be set out in the form of an order. If the Tenancy Dispute Officer decides to reserve their decision, they will provide the participating parties with either written or oral reasons for their decision within thirty (30) days of the conclusion of the hearing.

The RTDRS order must be filed with the Court of Queen’s Bench before it is enforceable.

For further information on the RTDRS process, please see the RTDRS Rules of Practice and Procedure (pdf).

The following information sheets are also available:

• Procedure Chart (pdf)
  
  
• RTDRS Telephone Hearings (pdf)
  
  
• Counter Applications (pdf)