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 on the approved application forms. The applicant must provide specific details of their claim on the application and, in most cases, pay a $50 filing fee.
- The ORT will provide the applicant with a hearing notice that states the time and place of the hearing.
- The applicant adds any additional claims, not provided in the initial application form.
- The applicant must deliver, in a proper manner, a copy of the completed hearing notice to the other party (respondent) with all evidence to be presented at the hearing.
- 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 application forms depending on the type of order requested.
Form 2 - Application for Disposition of Property: Application by landlord to dispose of tenant property abandoned at the rental unit.
Form 9 - Tenant Application for a Claim: Application by the tenant for a claim (excludes security deposit claims).
Form 9a - Landlord Application for Possession: Application by landlord for possession based on service of any notice to vacate.
Form 9b - Landlord Application for Possession: Application by landlord for possession without serving a notice to vacate.
Form 9c - Landlord Application - Monetary Claim: Application by landlord for monetary compensation from tenant(s).
Form 9d - Landlord Application - Other: Application by landlord for changes to facilities or services, changes to a tenancy agreement, or other.
Form 12 - Tenant Application for Return of Security Deposit and Interest: Application by a tenant for the return of their security deposit.
A tenant disputing a landlord's claim to retain any portion of their security deposit must complete the portion under a landlord's claim for their security deposit on the approved Form 13/14.