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  • Writer's pictureJohn McDonald

Landlords and Tenants: Beware what you claim, the RTDRS might not be able to hear it.

I will preface this post by saying this. The substantive matters of the claim, and in response, the cross-application, are still before the courts, I'll not be touching one those today.

So this came about this morning in one of my matters. A seemingly straightforward Application to the RTDRS, with a cross-application, the matters on their face non-complex in nature. However, in the pleadings one of the parties made an allegation of discrimination on a prohibited ground, as a result the TDO found that he lacked jurisdiction and ordered the matter transferred on that basis.

The second preliminary matter was the status of the Tenant's representative as a suspended, or otherwise non-practicing member of the Law Society of Alberta, and whether they could represent another person before the RTDRS or not. The TDO also felt the appropriate venue to determine that was a Court.

The operation of s.17 of the Residential Tenancies Ministerial Regulation requires then the applicant to choose the venue, as the only party with a property filed claim, the landlord elected the Court of Justice.

More to follow as this one plays out.

20231020(-)Order - Transfer to Court_Redacted
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