What is the standard of care required by dispute resolution officers under the Residential Tenancy Act?
British Columbia, Canada
The following excerpt is from Potecho v. Red Door Housing Society, 2014 BCSC 36 (CanLII):
The level of fairness required of proceedings before dispute resolution officers under the RTA has been considered by our court in Fernandez v. Sakr, 2012 BCSC 1024. In that case Madame Justice Fitzpatrick referred to the special care which should be taken to ensure the process is fair in these hearings: 25 As was discussed in Kikals [v. British Columbia (Residential Tenancy Act, Dispute Resolution Officers), 2009 BCSC 1642], the procedures for these types of hearings are not what one would consider normal within a judicial type of process. These hearings are conducted as telephone applications. While one might, in those circumstances, assume that procedures would be approached on a more relaxed basis, Mr. Justice McEwan in that case quite clearly points out that the means of hearing these matters does not obviate the requirement to adhere to a degree of procedural fairness that is appropriate in the circumstances:
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