A cross-application is an attempt by a respondent to add their own application to an existing application. To be successful, the person submitting the cross application – known as the “cross-applicant” – must ensure that the issues identified in the cross-application are related to the issues identified in the existing application. In addition, the cross-applicant must apply as soon as possible so that the respondent to the cross-application (the applicant of the original application) can receive the new hearing package and other required documents not less than 14 days before the hearing. If the Residential Tenancy Branch accepts the cross-application, they will schedule it to be heard by the same arbitrator, on the same date and time as the original hearing.
Exceptions
The one exception to this rule is that cross-applications for expedited hearings will always be heard separately.
Resources
- TRAC Webpage – Applying for Dispute Resolution
- RTB Rules of Procedure Section 2.11 – Filing an Application for Dispute Resolution to counter a claim
- RTB Policy Guideline 51 – Expedited Hearings
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