How Tenants Can Reopen a Closed LTB Case in New Brunswick

If you’re a tenant in New Brunswick and your rental dispute was closed by the Residential Tenancies Tribunal, you might feel stuck or confused about your next move. Sometimes, new evidence surfaces or you believe a decision was made unfairly. This article explains when and how you may be able to request a review, appeal, or otherwise ask for a closed tenancy case to be revisited under New Brunswick law.

Who Handles Rental Disputes in New Brunswick?

In New Brunswick, the Residential Tenancies Tribunal (RTT) is responsible for settling disagreements between tenants and landlords, including disputes about rent, evictions, repairs, and more. The Tribunal’s decisions are based on the Residential Tenancies Act of New Brunswick ^[1].

Can You Reopen a Closed Tribunal File?

Once the tribunal issues a decision (known as an “Order”), it is generally considered final. However, in certain circumstances, you may have the right to:

• Request a Review of the Order (reconsideration)
• Appeal to a higher court

The key is whether you can show new evidence or that there was a mistake in the process (a ‘procedural error’), or another valid ground according to the Act.

Requesting a Review of a Tribunal Decision

If you believe the Tribunal made a mistake, or new evidence is now available, you may ask the Tribunal to review its decision. This must usually be done within seven (7) days after you receive the Order. Late applications are rarely accepted except for very special reasons.

• Review is not automatic; you must explain why the decision should be looked at again.
• This option doesn’t guarantee a different outcome but gives you another chance to present your case if something important was missed or mishandled.

Required Steps and Forms

The main form you’ll need is the “Application to Review”. As of 2024, use the official RTT review request form:

• Application for Review [PDF] (No published form number)

Where to submit: Email, fax, mail, or deliver your completed form to the Residential Tenancies Tribunal using the contact info at the bottom of the form. Be sure to keep a copy for your records.

What Happens After Filing?

Once you submit your application, the Tribunal will decide if your situation warrants reopening the file. You may be asked for more details or to attend a short hearing. If approved, your case will be reconsidered, or a new decision issued.

Can You Appeal a Tribunal Decision?

If a review is denied, or you disagree with the Tribunal’s decision even after review, you may appeal to the Court of King’s Bench of New Brunswick. The process is formal and may require legal assistance. Rules and deadlines are strict; visit the Court of King’s Bench website for details.

Your Options as a Tenant

If you’re unsure whether your situation qualifies, review the grounds for a review or appeal:

• Was there new, crucial evidence unavailable for your hearing?
• Did you not receive notice of the Tribunal’s proceedings?
• Was there an error in the application of the Residential Tenancies Act or Tribunal procedures?

It’s helpful to clearly explain, with facts and documents, why you believe the decision should be reviewed.

Related Issues: Knowing Your Rights

A thorough understanding of tenant and landlord obligations is important when preparing for a review or appeal. Learn more from the Obligations of Landlords and Tenants: Rights and Responsibilities Explained page. For New Brunswick-specific details, see Tenant Rights and Landlord Rights in New Brunswick.

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FAQs: Reopening Closed LTB Cases in New Brunswick

1. Can I request a review if I missed my hearing?
   If you missed your hearing due to circumstances beyond your control, you may request a review. Clearly explain your reason and attach any supporting documentation.
2. What is the deadline for applying for a review?
   You must file the Application for Review within seven (7) days from the date you receive the Order.
3. Do I need a lawyer to request a review or appeal?
   No, but legal advice can help, especially for court appeals or complex cases. Tenant advocacy services can also assist.
4. Is there a fee to apply for a review?
   As of 2024, the Residential Tenancies Tribunal does not charge a fee to request a review, but fees apply for court appeals.
5. What happens if the review is rejected?
   If your review request is denied, the original order stands. Your only recourse is to appeal to the Court of King’s Bench.

Key Takeaways for Tenants

• You can seek a review or appeal of a Tribunal decision under strict time limits.
• Use the correct form and provide clear reasons for your request.
• Knowing your rights under the Residential Tenancies Act is essential.

Act quickly and stay informed about your options to protect your interests in rental disputes.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (RTT): Official website and contact information
• Application for Review (PDF) (official form)
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Tenant legal education resources
• Tenant Rights and Landlord Rights in New Brunswick – Province-specific information

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1. Residential Tenancies Act of New Brunswick
2. New Brunswick Residential Tenancies Tribunal
3. Dispute Resolution Information (Government of New Brunswick)

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