The complaint: Audry contacted our office with concerns about a Residential Tenancy Branch (RTB) hearing. The hearing was about repairs and quiet enjoyment issues she said were not being addressed by her landlord. Audry was upset about how the arbitrator treated her during the hearing.
What we did: RTB recently began to record its hearings. This is an important step in improving the accountability and transparency of the RTB. In our investigations, we may obtain a copy of the recording to help us determine what happened.
We listened to the recording of the hearing and agreed that the arbitrator was rude and unprofessional. The arbitrator refused to answer Audry’s questions about the process. After an unsuccessful attempt to settle the dispute, the arbitrator denied Audry a hearing despite her right to one.
We also found problems with the written decision. The decision incorrectly stated that the parties reached a settlement. The arbitrator unfairly relied on information gathered during settlement discussions to make findings against Audry. The way the arbitrator described Audry’s behaviour in the decision appeared inaccurate, based on the recording.
How we helped: The RTB acknowledged the concerns about the arbitrator’s conduct and how the arbitrator made their decision. An RTB manager met with the arbitrator to discuss their conduct and the training needed to avoid similar issues from happening again.
The RTB also wrote to Audry and acknowledged its errors and apologized for her experience.
The RTB took several steps to review how hearings are conducted and provide staff with best practices for settlement discussions. It updated its training materials and provided two training sessions about conducting settlements, which were delivered to all its arbitrators. The RTB has committed to continue to provide training on best practices for settlement discussions through its monthly practice meetings with arbitrators.
Why it matters: Everyone is entitled to fair and respectful treatment. In Audry’s case, staff training could have prevented unfairness from occurring.
