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At the end of the hearing, the hearing officer will usually "reserve" his or her decision, that is, take time to review the evidence and argument, decide what they find to be the facts, review the law and apply to the law to their findings of fact. You will receive a written decision in the mail. Be sure the ORT has your current mailing address.
You may make a Request to Correct or Clarify Order or Obvious Error within 15 days of the date of the decision. Only the hearing officer who heard and decided the case may correct or clarify his or her reasons. There is a fee of $50. You can specify the part(s) of the decision or order you are having trouble understanding or ask that a specific mistake be corrected or deal with an obvious error or inadvertent omission in the decision or order.
A hearing officer may rehear an application when an order was made without hearing from the affected person, or the affected person can establish they did not receive notice of the hearing. Either party may submit a written request to the ORT for a hearing officer to rehear an application. The request will be forwarded to the hearing officer who made the order.
Either party has 30 days from the date of the judgment to appeal a decision to a judge of the Court of Queen's Bench. Writs of possession directing a sheriff to put the tenant out of the rental unit and allow the landlord to change the locks may be enforced immediately, but enforcement will be stayed if the decision is appealed. If you wish to appeal any decision, immediately contact the Court of Queen's Bench for information about appeals. Basic information about appeals is attached to all orders. No steps can be taken to enforce orders for the payment of money until after the time for appeal has expired, or the appeal is decided.
Note: To appeal an order of possession based on a rent arrears claim, a utility arrears claim, or a continuous late payment of rent claim, a tenant must complete and submit an Application for Certificate of Payment of Rent to the Office of the Residential Tenancies, and pay the equivalent of one month's rent to the ORT. This money will be held in trust until either the conclusion of the appeal, or at any other time the director decides. Once a completed certificate and full one-month's rent has been received, the ORT will provide the tenant with a Certificate of Payment of Rent to the Office of Residential Tenancies. This certificate must be submitted to the Court of Queen's Bench with their appeal documentation.
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