Appeals

For an overview of the Residential Tenancies Act process, view this flowchart.

You can appeal the judge’s decision to the Court of Queen’s Bench. The fee for beginning an appeal under the Residential Tenancies Act is much higher than the fee for beginning an application in Provincial Court.

How can I begin (commence) an appeal?

The Residential Tenancies Act section 53(1) (Mobile Home Sites Tenancies Act section 58) sets out the steps for appealing a Provincial Court order.

  1. You must commence the appeal within 30 days after the order is served on you.
  2. You commence the appeal by filing an originating notice in the Court of Queen’s Bench and pay the prescribed fee. For more information, contact the Court of Queen’s Bench.
  3. You must also file in the Court of Queen’s Bench copies of the order being appealed and all notices, affidavits, and any other documents that were filed in Provincial Court.
  4. You must serve all these documents (originating notice, order, notices, affidavits, and any other filed documents) on the other person at least three business days before the hearing date that is set out in the originating notice.

Note: Commencing an appeal does not stop the order from taking effect, except when directed by Court of Queen’s Bench.