Costs orders let a tenant or landlord ask a tribunal to make the other side pay some legal or filing costs after a dispute. This guide explains how tenants in the Northwest Territories can ask for a costs order at the territorial residential tenancies process, what kinds of legal fees may be recoverable, and practical steps to prepare evidence and meet deadlines. It uses plain language so renters can understand forms, hearings, and enforcement options, and points to official sources and forms you may need to file or respond to during a dispute. Whether you face eviction, a rent dispute, or damage claims, clear records and prompt action improve your chances.
Who decides on costs in the Northwest Territories?
In the Northwest Territories, residential tenancy disputes are handled through territorial processes administered by the Government of the Northwest Territories Residential Tenancies program[1]. That office explains rules, provides official forms, and directs parties to the correct hearing or court process for disputes about rent, eviction, repairs, and costs.
When can a costs order be awarded?
A tribunal or court may award costs when one party acted unreasonably, ignored orders, filed frivolous claims, or failed to follow rules. Costs are not automatic; the decision depends on the specific law and on whether a judge or adjudicator thinks it is fair.
- Evidence of unreasonable behaviour by the other party, such as repeated non-compliance or false claims.
- Failure to comply with tribunal directions, notices or procedural rules.
- Repeated or late filings that forced extra hearings or adjournments.
- Clear documentation showing the costs you actually incurred, like invoices or receipts.
What kinds of legal fees can tenants try to recover?
Recoverable costs vary. Tribunals often limit awards to filing fees, process costs, and sometimes solicitor fees if the rules allow it. If you acted without hiring a lawyer, you can still ask to recover filing fees and other direct costs.
- Filing or application fees paid to start or respond to a dispute.
- Costs to serve documents or to obtain necessary records.
- Solicitor or legal fees — only if the tribunal’s rules or statute allow recovery of those fees.
How to ask for a costs order: forms and practical examples
Check the official territorial tenancy forms to identify the correct application or box to tick when filing your claim. Common documents include a main application form for the dispute and a specific request or notice for costs with a summary of expenses and supporting receipts. If an official “Costs” form exists, attach it and list amounts clearly with explanations and dates[2].
Preparing evidence
Good evidence is clear, dated, and organized. Include receipts, emails, text logs, photos, witness statements, and a short chronology that shows how the dispute led to extra costs. Label and number exhibits so the adjudicator can follow them easily.
- Receipts and invoices that show actual payments and amounts.
- Copies of all notices, applications, and communications sent or received.
- A dated timeline that connects events to the costs you claim.
Enforcement of a costs order
If the tribunal grants a costs order but the other party does not pay, you may need to register and enforce the order through territorial enforcement procedures or small claims processes. The adjudicator’s decision usually explains how to enforce the award.
- Ask the tribunal for a certified copy of the order to use in enforcement proceedings.
- Use small claims or civil enforcement routes if payment is refused.
Related tenant topics
Issues about deposits, inspections, and moving out often connect to costs claims — for example, disputes over damage that lead to a hearing. For practical help on deposits and what to expect after signing a lease, see Understanding Rental Deposits: What Tenants Need to Know and What Tenants Need to Know After Signing the Rental Agreement. If you need to find new housing while a dispute is ongoing, consider Find rental homes across Canada on Houseme.
FAQ
- Can I recover my legal fees if I win at the NWT tenancy process?
- If the adjudicator finds that costs are warranted and the rules permit recovery of solicitor fees, you may recover some or all legal fees; otherwise, awards often cover filing fees and direct expenses.
- How do I request costs during or after a hearing?
- Make a written request in your application or at the hearing, attach receipts and a short statement of why costs are fair, and refer to any statutory or procedural rule that supports your request.
- What happens if the other side won’t pay an awarded cost?
- You can use the tribunal’s enforcement directions to register the order in territorial court or use small claims procedures to pursue payment.
How-To
- Identify the correct application form and tick or add a written request for costs with totals and dates.
- Attach supporting documents: receipts, invoices, service records, and a short chronology of events.
- Serve the application and evidence to the other party according to the tribunal’s rules and file proof of service.
- Attend the hearing, explain why costs are fair, and be ready to answer questions about amounts claimed.
- If awarded costs are not paid, follow the tribunal’s enforcement directions to register and collect the order.
Help and Support / Resources
- Government of the Northwest Territories: Residential Tenancies
- Government of the Northwest Territories: Official Forms and Services
- Government of the Northwest Territories: Department of Justice
