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5.10 Challenging a Decision

If you have concerns that your decision is unfair, unreasonable, or simply incorrect, you may have grounds to appeal, or challenge, your decision.  In other words, you may be able to have someone review and reconsider your decision.  There are two general types of appeals – a Review Consideration through the Residential Tenancy Branch and a Judicial Review through the Supreme Court of BC.

A Residential Tenancy Branch Review Consideration will only be granted in the following limited circumstances:

  1. you were unable to attend the original hearing because of something that could not have been anticipated and was beyond your control
  2. you have new and relevant evidence that was not available at the time of the original hearing
  3. you have evidence that the decision was impacted by fraud

A Judicial Review is a more complicated type of appeal that you may need to speak to a lawyer about before applying.

Be aware that the deadline for some appeals can be very short.  For example, you only have two days to apply to the Residential Tenancy Branch when you want to appeal a decision that requires you to move out of your rental unit.  To learn more about your appeal options, see TRAC’s webpage, I Disagree with my Decision.