The ORT may make orders directing payment of money, or directing parties to do things, like repairs. Generally, people have a right to be heard before an order is made against them. The ORT process is this:
- A landlord or a tenant applies to the ORT. In most cases, a $50 fee applies.
- The ORT will provide the applicant with a hearing notice that states the time and place of the hearing.
- The applicant completes the hearing notice by writing the details of the claim on the hearing notice.
- The applicant must deliver, in a proper manner, a copy of the completed hearing notice to the other party (respondent).
- Both parties should prepare for the hearing by gathering all relevant documents, arranging for witnesses, and preparing to tell their complete story at the hearing.
- Both parties should attend the hearing and present their cases. This is their only opportunity to tell their story and to present evidence. They need to be fully prepared.
- The hearing officer will take some time to consider the evidence, decide what happened, research the law, and apply the law to their findings of fact. The outcome will be an order.
- For orders directing the payment of money, the order may be registered with the Court of Queen’s Bench after the time for appeal has expired, or if appealed, after the appeal has been decided.
- An order is a direction that is enforceable by law. Enforcement is generally through the sheriffs at the Court of Queen’s Bench. They charge a fee for their services, but they will add their fees to the amount of the order and try to recover the fee from the party ordered to pay so it can be paid back to you.
There are different processes for various types of applications, and aside from one exception, all processes begin with the Application for Claim under The Residential Tenancies Act, 2006. The exception is a tenant application for the return of a security deposit, which is when the Tenant Application for Return of Security Deposit and Interest form may be used.