Can a landlord/tenant dispute be resolved through arbitration rather than through the Residential Tenant Dispute Resolution System?
British Columbia, Canada
The following excerpt is from Shawnigan Lake Mobile Home Park Ltd. v. Huchala, 1998 CanLII 3668 (BC SC):
I am in substantial agreement with Errico J., who noted in Mack v. Yu (1991), 7 Admin. L.R. (2d) 67 (B.C.S.C.) at p. 77, that it was the legislature's intention with the Act to create a scheme that would provide for the speedy and inexpensive resolution of landlord/tenant disputes. Residential tenancy disputes are common in this province, but often do not involve complex legal issues that would require the hiring of a lawyer and are for what could be considered small sums of money. In my opinion, it was the legislature's intention to take the majority of these disputes out of the court system and place them in the hands of this specialized dispute resolution mechanism. To allow the parties to unilaterally declare that they do not want to resolve disputes through arbitration would frustrate the purposes of this scheme.
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