Do I Need a Lawyer?

Recently I've had a lot of questions about the role of lawyers and support persons at the Tenancy Tribunal. It isn't really surprising that there's confusion over this issue, given the apparently contradictory rules and practices. After all, a property manager is theoretically supposed to be a legal specialist and they frequently represent landlords at Tenancy Tribunal hearings.

Let me preface this by saying that I know a lot of us have had disappointing experiences at the Tribunal but by far, most of these disappointments come from a lack of preparation or misunderstanding of the law.

You can absolutely consult a lawyer about your case and I think you should. However, you can not take a lawyer with you to the Tribunal under most circumstances. The main exceptions to this are the disputed amount ($6,000) and the representative of the other party. Ultimately, as with most courts, the discretion lies with the judge (called adjudicators at the Tribunal).

If your case allows one of the exceptions, perhaps the other party has legal representation or maybe the disputed amount is high enough, it certainly doesn't hurt to ask the adjudicator but while some cases might warrant having a lawyer present, most issues dealt with at the tribunal, don't warrant the accrual of thousands of dollars of legal fees.

You can take a support person with you to the Tribunal but they are not allowed to speak. It's up to the adjudicator to decide how much they allow but if your support person starts whispering in your ear, at the very least your opponent can complain on the record (which could be grounds for rehearing or appeal) or your support person could be removed.