To appeal an RTDRS eviction order in Alberta, you must file and serve a Notice of Appeal at the Court of King’s Bench within 30 days of the order being filed. You can only appeal based on an error of law or jurisdiction, not just because you disagree. The court filing fee is $300 CAD.
Losing an eviction hearing at the Residential Tenancy Dispute Resolution Service (RTDRS) can feel devastating, especially if you believe the hearing officer made a fundamental legal mistake. Fortunately, an RTDRS order is not always the absolute end of the road. In Alberta, tenants and landlords have the legal right to appeal these decisions to a higher judicial authority, specifically the Court of King’s Bench.
However, an appeal is not simply a “do-over” or a second chance to tell your story. Whether you live in Calgary, Edmonton, or Fort McMurray, the Alberta courts are incredibly strict about what qualifies for an appeal. You must act quickly and understand the complex legal procedures involved. This guide explains how to navigate an RTDRS appeal safely and correctly. 📍
Step-by-Step Process in Alberta
Filing an appeal at the Court of King’s Bench is much more complicated than filing the initial RTDRS application. Because the rules of court are highly formal, many applicants choose to hire a lawyer for this process.
Step 1: Identifying a Valid Ground for Appeal
You cannot appeal an RTDRS decision just because you think the officer was unfair or did not believe your evidence. Under Alberta law, you can only appeal on a “question of law or jurisdiction.” This means you must prove the officer misinterpreted the Residential Tenancies Act, applied the wrong legal test, or made a ruling they did not have the legal authority to make. 🔍
Step 2: Requesting the Audio Recording
Because the Court of King’s Bench needs to know exactly what happened at your hearing, you must obtain the official audio recording of your RTDRS dispute. You must request this from the RTDRS administration and then hire a certified transcriptionist to type out the entire hearing word-for-word.
Step 3: Filing and Serving the Notice of Appeal
To initiate the appeal under the RTDRS Regulation, you must file a formal Notice of Appeal at the Court of King’s Bench within 30 days of the RTDRS order being registered in court. Because an appeal is not a new trial, you are strictly forbidden from introducing new evidence or factual testimony via an affidavit under the precedent Nee v. Ayre & Oxford Inc; the judge will rule based solely on the official transcript. The only affidavit you must file is an Affidavit of Service. 💮
You must formally serve the Notice of Appeal on both the respondent and the RTDRS administrator within that same 30-day window. Within 7 days after completing service, you must file your Affidavit of Service and a copy of the Transcript Requisition form proving the audio has been ordered. Finally, you have a strict deadline of 3 months from the date of filing the appeal to submit the finalized written transcript to the court, or your appeal will be automatically dismissed.
Step 4: Applying for a Stay of Enforcement
Filing an appeal does not automatically stop the eviction! If you do not want the bailiffs to remove you while waiting for your court date, you must file a separate urgent application for a “Stay of Enforcement.” If the judge grants the stay, the eviction is paused until the appeal is fully resolved.
Comparing the RTDRS vs. Court of King’s Bench
Understanding the difference between the two venues is crucial for your expectations: 📊
| Feature | RTDRS Hearing | Court of King’s Bench Appeal |
|---|---|---|
| Nature of Hearing | Informal, telephone or video based. | Highly formal, strictly governed by Court Rules. |
| Evidence | You can submit photos, texts, and live testimony. | No new evidence allowed; based entirely on the hearing transcript. |
| Representation | Self-representation is very common. | Hiring a law firm is highly recommended due to complexity. |
How Much Does it Cost in Alberta?
Appealing to the highest trial court in the province is significantly more expensive than the original $75 RTDRS fee: 💵
- Court Filing Fee: Filing a Notice of Appeal at the Court of King’s Bench costs $300 CAD.
- Transcript Costs: Hiring a certified transcription service usually costs between $150 and $400 CAD, depending on how long your RTDRS hearing lasted.
- Lawyer Fees: If you hire a civil litigation lawyer, expect to pay between $300 and $600 CAD per hour. A full appeal can easily cost $3,000 to $7,000 CAD in legal fees.
How Long Does the Process Take?
The timeline is strict at the beginning but slow toward the end. You have exactly 30 days to file your appeal paperwork. Getting the transcripts printed usually takes 1 to 3 weeks. Once everything is filed, securing a hearing date before a King’s Bench judge can take anywhere from 2 to 6 months, depending on the court’s backlog in your specific city. ⏱️
Frequently Asked Questions (FAQ)
What exactly is an error of law?
An error of law occurs when the hearing officer incorrectly applies the rules of the Residential Tenancies Act. For example, if the law says a landlord must give 14 clear days of notice, but the officer evicted you on a notice that only gave 10 days, that is an error of law.
Can I bring new evidence to the King’s Bench?
Generally, no. An appeal is not a new trial. The King’s Bench judge will only review the evidence and testimony that was originally presented to the RTDRS officer to see if a legal mistake was made.
Will an appeal stop the bailiff from locking me out?
No, an appeal alone does not stop an eviction. You must specifically ask the court for a “Stay of Enforcement.” If you do not get a stay, the landlord can still hire a Civil Enforcement Agency to remove you while your appeal is pending.
What if I cannot afford the King’s Bench filing fee?
If you have a very low income, you can apply for a fee waiver at the courthouse. You must swear an affidavit detailing your financial situation, and a clerk or judge will decide if the $300 CAD fee can be waived.
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