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Wednesday, July 30, 2014
Saskatchewan Justice

Any dispute over a residential tenancy may be referred to the Office of Residential Tenancies by completing Form 9 - Application for Claim under The Residential Tenancies Act, 2006.

When you file an application the Office of Residential Tenancies will provide you with a hearing notice that you then serve on the other party.

Both parties can make their representation in person, by telephone or in writing. A hearing is held and an order provided that is considered just and equitable.

Where a landlord makes an application for possession, a tenant can ask the Office of Residential Tenancies not to grant an order if:

  • the landlord gave the notice because the tenant made a fair complaint to an authority;
  • the tenant was trying to secure their rights;
  • the landlord has contravened their agreement or any standard condition; or
  • the landlord has increased the rent to end the tenancy.

 

Only claims of $10,000 and under may be dealt with by the Office of Residential Tenancies. However, parties can make a claim for an amount over that limit. For example: an applicant claims that they are owed $12,000. The Office of Residential Tenancies finds fully in their favour, but can only award $10,000. (Form 10 - Abandonment of Claim in Excess of $10,000) If you wish to seek an award for more than $10,000 you should make the application to the Court of Queen's Bench.

An Order may be clarified or any clerical or typographical errors without appealing. Any obvious error (not a dispute about a difference over finding of fact) or inadvertent omission can also be corrected without appeal. The corrections can be made at the request of the parties (Form 11 - Request to Correct or Clarify Order or Obvious Error) or the hearing officer. A request for clarification or correction must be made within 15 days of the Order. There is a $50.00 fee.

Any decision of the Office of Residential Tenancies may be appealed, on a question of law or jurisdiction, to the Court of Queen's Bench. The Appeal must be made within 30 days of the Order. Court of Queen's Bench nearest to the property. Any Order is suspended pending the outcome of the appeal.

An Order can be registered with the Court of Queen's Bench after the appeal period has passed.



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