How Tenants Can Reopen a Closed LTB Case in Saskatchewan
If you're a tenant in Saskatchewan dealing with an unresolved dispute—such as rent increases, eviction, or maintenance issues—you may have applied to the Office of Residential Tenancies (ORT). But what if your case was closed before you felt it was truly resolved? Saskatchewan's tenancy system offers a process for tenants to request a review or reopening of a closed case in certain circumstances. This article explains your options, the steps to take, and provides official resources to help you through the process.
Who Handles Tenant Disputes in Saskatchewan?
In Saskatchewan, the official body responsible for residential tenancy disputes is the Office of Residential Tenancies (ORT). The ORT hears landlord and tenant applications and issues legally binding decisions under the Residential Tenancies Act, 2006 (Saskatchewan)[1].
Can a Closed ORT Case Be Reopened?
In Saskatchewan, tenants can only request to reopen or review a closed ORT case in specific situations. Generally, you may ask for a review if:
- You were unable to attend the original hearing due to circumstances beyond your control
- New evidence has come to light that could impact the decision
- You believe there was a serious error in the process
It's important to act quickly, as there are strict time limits to request a review.
Key Legislation and Deadlines
The ability to request a review comes from the Residential Tenancies Regulations, 2007 and the Residential Tenancies Act, 2006 (Saskatchewan). Under section 78, tenants generally have up to 15 days from the date of the original ORT order to apply for a review[1].
How to Request a Review: Forms and Steps
If you believe your closed case should be reopened, the process is known as "Request for Review." Here's what tenants need to do:
Which Form to Use
- Form Name: Application to Request a Review of an Order
- Official Source: Download the application (PDF)
Example: If your eviction case was dismissed because you missed the hearing due to an emergency, you can use this form to explain and request that the ORT review their decision.
Reasons the ORT Might Reopen a Case
- You did not receive the hearing notice in time
- There was fraud or a serious procedural error
- New, significant evidence is available
- You could not attend for reasons outside your control
The ORT will review your written reasons and supporting documents. They may schedule a new hearing or issue a decision based on your application.
What to Include With Your Application
Provide as much detail and evidence as possible, such as:
- Proof you didn't receive documents or notice (e.g., postal receipts, emails)
- Medical notes (if illness prevented attendance)
- Any documentation supporting new facts
Including detailed explanations and relevant documentation helps ORT understand your situation and make a fair decision.
Quick Summary
If you want to challenge or reopen an ORT decision, act fast, use the official review application, and provide clear reasons.
Other Options When a Case Is Closed
If the review application is not successful or time has run out, your options are limited. In rare cases, tenants can file an appeal with the Saskatchewan Court of King's Bench, but this process can involve legal costs and complex court rules. It is best to seek legal advice before considering this path.
Understanding your responsibilities as a tenant can help prevent disputes in the first place. See Obligations of Landlords and Tenants: Rights and Responsibilities Explained for practical tips.
For a broader overview of your rights in Saskatchewan, see Tenant Rights and Landlord Rights in Saskatchewan.
For tenants considering moving to a new place, you can Explore Houseme for nationwide rental listings quickly and easily.
FAQ: Reopening Residential Tenancy Cases in Saskatchewan
- Can I reopen my tenancy case if I missed the hearing?
If you missed your ORT hearing due to circumstances outside your control, you can apply for a review using the official form. Act within 15 days of the order being issued. - What evidence do I need for a review application?
Include proof that supports your reason for missing the hearing or why you believe a review is justified—such as medical notes or documentation showing you never received notice. - Is there a fee to request a review with the ORT?
There is no fee for tenants to request a review of an order issued by the Office of Residential Tenancies. - What happens if my review application is denied?
If your review is denied, the original decision stands. Further legal action is only possible in limited situations and may involve court proceedings. - How long does the review process take?
Processing times vary, but the ORT aims to deal with review applications as promptly as possible—usually within a few weeks.
Key Takeaways for Saskatchewan Tenants
- You can request a review of an ORT decision in limited circumstances—usually within 15 days
- Use the official "Application to Request a Review of an Order" form and include evidence
- The Office of Residential Tenancies is your main point of contact for dispute resolution
Need Help? Resources for Tenants
- Office of Residential Tenancies (ORT) Saskatchewan: Submit review applications, get forms, or view tenancy information
- Saskatchewan Landlord and Tenant Support Centre: 1-888-215-2222 (toll free)
- Local Community Legal Assistance Services: Search online or visit legal aid offices for free guidance
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