Chapter 11 (Assignment 8 Negotiations, Disputes) Flashcards
Knowing your resistance point in a negotiation is important because:
it can remove some of the negotiator’s emotional tendencies.
What is true about packaging in a negotiation?
1) By putting forward a package of issues as a proposal and countering with a different proposal, both parties can express their interests without revealing too much information to the other party.
2) Packaging allows for more creative problem solving. The more issues you combine, the more possible solutions there are.
Which of the following would NOT be considered a form of alternative dispute resolution (ADR)?
1) Using a mediator to resolve a dispute
2) Using an arbitrator to resolve a dispute
3) Using Small Claims Court to resolve a dispute
4) Using the process laid out in section 177 of the Strata Property Act to resolve a dispute within a strata development
Using Small Claims Court to resolve a dispute
Option (3) is correct because Small Claims Court is a part of the traditional court system and is not considered to be a form of
alternative dispute resolution (ADR).
Can arbitration be either binding or non binding?
Does mediation involve a neutral third party whose decision can be binding on the parties.
Yes
NO
Mediators can help facilitate communication between the parties, but they are not authorized to issue a legally binding decision.
Why consider ADR before going to court?
The issue may solved faster and compensation will be paid quicker
Which of the following is a situation where a Residential Tenancy Branch director CANNOT accept an application for dispute
resolution?
1) A dispute with a claim for $39,000
2) Application for a claim made 3 years after the date on which the tenancy ended
3) A dispute with a substantial link to a matter currently before the BC Supreme Court
4) All of the above
Option (4) is correct because Options (1), (2), and (3) all describe situations in which a Residential Tenancy Branch (RTB) director cannot accept an application for dispute resolution.
Option (1) is incorrect because an RTB director cannot accept an
applicable for dispute resolution for a claim greater than the monetary limit under the Small Claims Act, which is $35,000.
Option
(2) is incorrect because an RTB director cannot accept an application for dispute resolution after the period specified under the
Residential Tenancy Act, which is within two years of the date on which the tenancy ends.
Option (3) is true because an RTB
director cannot accept an application for dispute resolution for a dispute with a substantial link to a matter currently before the
British Columbia Supreme Court.
In what circumstance is a Direct Request Application appropriate to be made to the RTB?
Where a 10 Day Notice to End Tenancy has been issued
Which of the following is NOT a factor considered by a Residential Tenancy Branch Arbitrator in deciding whether a person may be summoned to a hearing to act as a witness?
1) The witness’ past history at the RTB and whether their credibility was challenged at a prior RTB Hearing
2) The information sought and its relevance to the proceeding
3) The residence of the proposed witness
4) The purpose of the summons
WITNESS’ PAST HISTORY
Option (1) is correct because the proposed witness’ past history at the Residential Tenancy Branch (RTB) as well as their credibility at past proceedings are not relevant factors considered by the Residential Tenancy Branch Arbitrator in determining
whether a person may be summoned to a hearing to act as a witness.
Option (2) is incorrect because the Arbitrator will consider
the information sought and its relevance to the proceedings in determining whether a person may be summoned to act as a
witness.
witness. Option (3) is incorrect because the Arbitrator will consider the residence of the proposed witness in determining whether they may be summoned to a hearing.
Option (4) is incorrect because the Arbitrator will consider the purpose of the summons in
determining whether a person may be summoned to act as a witness.
Can a property manager act as a representative of the landlord at a dispute resolution hearing?
Yes, as long as this representation is specifically included in the service agreement between the landlord and property
manager.
What may occur if there is an arithmetical error in the decision rendered by an Arbitrator?
A party must submit a Request for Correction form to the RTB within 15 days of the decision.
Name 3 situations where a decision or order by the Arbitrator is eligible for internal review:
1) The appealing party has brought forth new evidence that was not available before.
2) The appealing party was unable to attend the original hearing due to unanticipated circumstances beyond their control.
3) The appealing party has brought evidence stating the arbitrator’s decision or order was obtained by fraud.
Tim is renting an apartment in a building managed by Larry. Due to a conflict arising out of Larry’s obligations to repair and
maintain the rental unit, the two parties took part in a dispute resolution hearing with an Arbitrator at the RTB. Tim received a copy
of the Arbitrator’s order on May 20th. If Tim would like to have the order submitted for an internal review, he must submit an application for review:
Within 5 days of May 20th.
because if the decision or order relates to repairs or maintenance under section 32 of the Residential
Tenancy Act, a party must make an application for review of a decision or order within 5 days after a copy of the decision or order
is received by the party.
What is the threshold implemented by the BC Supreme Court in judicially reviewing a decision made by the Residential Tenancy
Branch?
Patent unreasonableness
Judicially reviewing decisions made by the Residential Tenancy Branch (RTB), the Court uses the standard known as “patent unreasonableness” or “clearly wrong”.
Which of the following statements regarding a Writ of Possession is FALSE?
1) A Writ of Possession allows a bailiff to forcibly enter a rental unit and regain possession for the landlord.
2) A Writ of Possession allows a bailiff to remove remaining property in the rental unit to sell to satisfy costs, fees, and
expenses associated with executing the Writ of Possession.
3) A Writ of Possession allows a bailiff to remove remaining property in the rental unit to sell to satisfy the landlord’s costs.
4) A Writ of Possession allows the landlord in all cases to remove remaining property in the rental unit to sell to satisfy
their costs.
A Writ of Possession allows the landlord in all cases to remove remaining property in the rental unit to sell to satisfy their costs.
because, unless it has been abandoned, the landlord is prohibited from entering the unit to remove the
tenant’s personal property without first proceeding through the proper channels. Therefore, the Writ of Possession does not
entitle the landlord to remove the tenant’s property in all cases.
What is the time limit to apply for a judicial review of a Residential Tenancy Branch Arbitrator’s decision or order?
60 days from the date the decision was made
Because the time limit for applying for a judicial review of a Residential Tenancy Branch Arbitrator’s decision
is 60 days from the date the decision was made.
Most common types of ADR include:
1) mediation
2) arbitration
3) hybrid forms ranging from mimi-trials to ombudsperson to judicial settlement conferences
Advantages of ADR:
1) minimize the costs
2) produce more efficient solutions.
3) greater sense of privacy
4) greater sense of control
5) more effective at maintaining relationships
Arbitrator’s Decision must be delivered within
30 days of the hearing
A decision of an Arbitrator is final and binding on the parties.
What is Judicial Review?
A petition to the BC Supreme Court to take a look at a decision or order.
Accomplished by filing a Petition with the appropriate Registry of the Supreme Court. This creates the “standard of review” (threshold) to be implemented by the Court.
What is Patent Unreasonableness?
A common standard of review implemented by the BC Supreme Court in judicially reviewing a tribunal’s decision where the Court must find the RTB’s decision to be clearly wrong.
Are decisions by the RTB binding?
Decisions or orders of the RTB are regarded as final and are binding on the parties, unless a decision or order is subject to an internal or judicial review.
What is Writ of Possession?
A document that allows the landlord to retain a bailiff/sheriff who can forcibly enter the rental unit and regain possession of the property on the landlords behalf.
