If you have been served with an RTDRS Application package you must be available to attend the hearing on the date and time indicated on the Notice of Hearing form. It is your responsibility to ensure that the RTDRS has your most up-to-date telephone number. Contact the RTDRS office to provide a telephone number that you can be reached at for your hearing.
Alternatively, you may have a representative attend on your behalf. You must ensure that the RTDRS has the correct telephone number for the representative. If you or your representative do not attend, the hearing may proceed in your absence and an order may be issued against you. This order may have serious consequences for you.
You can defend yourself in one of 3 ways:
- Provide evidence in defence of the application.
- Provide evidence in defence of the application and file a counter-application.
- Provide evidence in defence of the application and file an application at a later date.
Only claims in the application before the Tenancy Dispute Officer will be heard. If you are seeking compensation you must file your own application, not just defence evidence.
Provide evidence in defence of the application
If you:
- have been served with an RTDRS application, and
- do not agree with the claims in the application
you should prepare to defend yourself at the RTDRS hearing.
If you have evidence that you want the Tenancy Dispute Officer to review that supports your defence you must provide a copy of the evidence to the RTDRS and to the applicant at least 24 hours prior to the hearing date. If you do not, the Tenancy Dispute Officer may not accept your evidence at the hearing.
You can submit the defence evidence in-person, by mail or online.
Allow at least one full business day for processing before expecting documents or evidence submitted to appear on the RTDRS case file.
Submit your defence evidence online with a RTDRS eFiling Service account. Please contact the RTDRS toll-free in Alberta by dialing 310-0000, then 403-297-2861 (Calgary) or 780-644-4330 (Edmonton), for the access code that you will require to verify your account.
Provide evidence in defence of the application and file a counter-application
If you:
- believe you have a claim against the party that filed an application against you, and
- are seeking compensation
you must file a counter-application before the hearing date.
Only claims in the application(s) before the Tenancy Dispute Officer will be heard. If you are seeking compensation you must file your own application.
The steps for filing a counter-application are the same as filing a regular application, including how to submit evidence and how the application must be served on the other party.
The Tenancy Dispute Officer will hear the application and counter-application in one of these ways:
- together on the hearing date of the original application
- together at a later date (the original hearing date will be adjourned to another date so that both applications can be heard at the same time)
- separately, on different dates
The decision will depend on many factors, such as:
- service requirements
- time needed for the hearing
- if the same evidence and witnesses are needed for both applications
Provide evidence in defence of the application and file an application at a later date
If you:
- have been served with an RTDRS application
- you want to defend yourself against the claim, and
- you have a claim against the applicant
you can have the application heard on the hearing date and file your own application at a later date. Applications must be made within 2 years from the date that a potential claim is discovered.
If you have evidence that you want the Tenancy Dispute Officer to review that supports your defence you must provide a copy of the evidence to the RTDRS and to the applicant at least 24 hours prior to the hearing date. If you do not, the Tenancy Dispute Officer may not accept your evidence at the hearing.
Allow at least one full business day for processing before expecting documents or evidence submitted to appear on the RTDRS case file.
The steps for providing evidence in defence is the same as providing evidence for a regular application.