master schlosser

13.5: Variation of time periods

Case Summary

The Applicant tenant applied to extend the date for vacant possession of their rental premises; they had been given one week to vacate. The initial vacant possession date was ordered by the Residential Tenancy Dispute Resolution Service (“RTDRS”) after noting substantial breaches of the lease agreement. The Applicant sought a Stay of Execution for eleven days to allow her to move herself and her five children from the premises.

Master Schlosser noted that the Residential Tenancy Dispute Resolution Service Regulation, AR 98/2006 governs what relief is available to Applicants following an RTDRS Order, but it is silent about short term or interim relief where there is no Appeal. RTDRS Orders do not take effect until they are entered in the Court of Queen’s Bench upon which they become Orders of the Court. Rule 13.5(2) allows the Court to stay, extend or shorten time periods that are specified in Orders or Judgments. Master Schlosser accordingly applied Rule 13.5(2) and granted the time extension sought by the Applicant.

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