LTB Case Conference Settlements for Manitoba Tenants

Dealing with a dispute as a tenant in Manitoba can feel overwhelming, especially if it involves your landlord. Manitoba uses a structured approach to resolve rental disagreements, primarily through the Residential Tenancies Branch (RTB), not an LTB—but for many, the process is similar. Understanding how settlements work at case conferences can help you protect your rights, reach a fair solution, and avoid unnecessary stress.

What Is a Case Conference and How Does It Work?

In Manitoba, when tenants and landlords cannot resolve disputes informally, they may apply to the Residential Tenancies Branch (RTB). The RTB usually arranges a mediation or case conference—a meeting between both sides, led by a mediator, to discuss solutions before a formal hearing.

• Purpose: To help tenants and landlords resolve disputes regarding rent, repairs, deposits, or evictions without a full hearing.
• Format: A confidential discussion where both sides can explain their issues and try to reach an agreement.
• Result: If both agree, the RTB can record a settlement. If not, the case may proceed to a formal hearing.

The case conference process is guided by Manitoba’s Residential Tenancies Act.^[1]

How Can a Tenant Reach a Settlement?

Reaching a settlement means both you and your landlord agree on how to resolve an issue, with the help of an RTB mediator. Settlements may cover issues such as unpaid rent, needed repairs, return of deposits, or changes to lease terms.

• Discuss your concerns clearly and respectfully;
• Prepare evidence (photos, receipts, communications) supporting your position;
• Understand your rights and responsibilities. See Obligations of Landlords and Tenants: Rights and Responsibilities Explained for more details.
• Ask questions if you don’t understand something during the conference;
• If a solution is offered, take time to consider before agreeing.

Common Disputes Resolved by Settlement

• Rent increases or non-payment;
• Requests for repairs or unresolved maintenance issues;
• Return of damage/security deposits;
• Concerns about health, safety, or pest problems.

If you are dealing with issues such as maintenance or pest-related problems, see Common Issues Tenants Face and How to Resolve Them for more help on handling these complaints.

Key Forms for Case Conferences and Settlements

• Application for Order of Possession / Payment of Money (RTB Form): Use this form if you are requesting a formal decision about an eviction, deposit, or monetary claim. Practical example: If your landlord withholds your damage deposit and you can't resolve it informally, file this form via the Manitoba RTB forms page.
• Notice of Hearing (from RTB): Provided by the RTB when a formal hearing is set. It outlines the time, date, and process, and you must respond or attend as directed in the notice if settlement isn't possible.

Always keep copies of all forms submitted to and received from the RTB. Settlement agreements reached at the case conference will be put in writing and are legally binding under Manitoba law.

What Happens After a Settlement?

Once a settlement is reached, the terms are typically put into a written agreement. Both parties receive a copy, and both must follow through within the agreed timeline.

• If either side breaks the settlement agreement, you may return to the RTB for further action or enforcement.
• If no settlement is reached, the RTB schedules a formal hearing, leading to a binding order by the Director.

Official Tribunal and Relevant Legislation

All residential tenancy disputes in Manitoba are handled by the Residential Tenancies Branch. The key authority governing your rights and obligations is Manitoba’s Residential Tenancies Act.^[1] For a summary, see Tenant Rights and Landlord Rights in Manitoba.

Steps for Tenants: What to Do if You Have a Dispute

• Try to resolve the issue directly with your landlord first, in writing.
• If not resolved, apply to the RTB using the correct application form for your type of dispute.
• Prepare supporting evidence and attend your scheduled case conference or mediation.
• If a settlement is reached, ensure you get a written agreement.
• If not, attend the RTB hearing for a formal decision.

Letting the RTB help resolve disputes early through mediation can avoid lengthy hearings and maintain a more positive relationship.

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FAQ: Settlements at Case Conferences in Manitoba

1. What if I don’t agree to the proposed settlement?
   You are not required to accept a settlement at a case conference. If you do not agree, the case proceeds to a formal hearing before an RTB officer.
2. Is the settlement at a case conference legally binding?
   Yes. Once both parties agree and the settlement is recorded by the RTB, it is legally binding. If either side fails to meet the terms, the RTB can enforce it.
3. Can I bring someone to the case conference?
   Yes, you can bring a support person or representative, such as an advocate or friend, as long as you notify the RTB in advance.
4. Do I need a lawyer at the conference?
   No, but you may seek legal advice or bring a lawyer if you choose. The process is designed to be accessible for non-experts.
5. Where can I learn more about my rights as a Manitoba tenant?
   Visit Tenant Rights and Landlord Rights in Manitoba for a clear overview.

Key Takeaways

• Settlements at Manitoba case conferences/mediations help resolve disputes without formal hearings.
• Agreements reached are legally binding and enforceable by the RTB.
• Take time to gather evidence, understand your rights, and ask questions before agreeing.

Need Help? Resources for Tenants

• Residential Tenancies Branch (RTB) Manitoba: Official process, forms, and guidance
• RTB Resources and Guides: Support and educational materials
• Consumer Protection Office – Manitoba Government
• Manitoba Tenant Advocacy Organizations: Can help with advice or representation at mediations or hearings

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1. Manitoba Residential Tenancies Act, C.C.S.M. c. R119, available at: Residential Tenancies Act of Manitoba
2. Residential Tenancies Branch (RTB) official site: https://www.gov.mb.ca/cca/rtb/

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