Master Schlosser

9.15: Setting aside, varying and discharging judgments and orders
9.16: By whom applications are to be decided

Case Summary

The Plaintiff tenants applied for relief from an Order of the Residential Tenancy Dispute Resolution Service (RTDRS). One of the Applicants had attended at the RTDRS office for a hearing against the Defendant landlord, but was not given the chance to appear or participate. Master Schlosser considered whether the Court has the power to grant interim relief (short of an Appeal) when the RTDRS Order was obtained in breach of a fundamental rule of natural justice.

Master Schlosser noted that the Court has the inherent jurisdiction to set aside an Order which was obtained in violation of the principles of natural justice, and Rule 9.15 permits an Order to be set aside for non-appearance. Master Schlosser, referring to prior authorities, observed that the Court has circumscribed the applicability of Rule 9.15 in similar circumstances since Rule 9.16 is limited to Orders of the Courts. RTDRS Orders have to be filed in the Court of Queen’s Bench to have effect, and then the Rules and various other statutes are needed to give it power. There is no direct equivalent to Rule 9.15 in the RTDRS Regulation.

Master Schlosser ultimately held that the merits of the case entitled the tenants to a stay of the Order, and stated that it was inappropriate to set aside the Order without an Appeal.

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