Naming parties on an RTB application correctly decides whether the order you win can be enforced. RTB Policy Guideline 43 says each applicant and respondent must appear under their correct legal name, and BC's Provincial Court has found it cannot fix a wrong name on an RTB order. The responsibility sits with the person who files.
How should I name an individual?
By their full legal name, without initials or titles. Guideline 43 gives the example "John William Smith" or "John Smith", not "John W. Smith" or "Dr. Smith". If someone uses another name, list both with "also known as (AKA)". You can usually rely on the name the person wrote on a document that called for a legal name, such as the tenancy agreement, which section 13 of the Residential Tenancy Act requires to carry the parties' correct legal names. See the RTB-1 guide for what that agreement records.
How should I name a business?
| Respondent | How to name it |
|---|---|
| Corporation or limited company | Full legal name with Inc., Ltd., Corp. or similar ("Garden Apartments Ltd.", not "Garden Apartments") |
| Sole proprietor or unregistered business | The owner, optionally with the trade name: "John Smith DBA Garden Apartments" |
| Partnership | The partnership; also name and serve each partner if you want an order against them personally |
| A party who has died | "[Name] as Personal Representative of the Estate of [Name], Deceased" |
A sole proprietorship is not a legal person, so its trade name must never stand alone as a respondent. If you do not yet know who the personal representative is, you can file as "[Name], deceased" and the arbitrator may amend it at the hearing.
What happens if I get a name wrong?
If the other party attends the hearing, the arbitrator may amend the application; otherwise it may be dismissed with leave to reapply. After a decision, the RTB can correct a wrong legal name as an obvious error, but only where that is just and reasonable. It is more likely when you relied on a wrong name the respondent gave you, or when both sides ask. It is less likely when due diligence would have caught it: the guideline's example is naming "Dave Johnson" when the tenancy agreement said "David Johnston".
If no correction is issued, you can file again under the correct name within the time limits. Because the parties are legally different, the earlier case does not bar it as already decided, though the RTB can still dismiss a filing it finds to be an abuse of process.
Frequently asked questions
What if I could not serve one of the respondents?
With your consent, the arbitrator may continue against the parties who were served only, or dismiss with leave to reapply. A party who attends may be treated as having admitted service.
Should I name every co-tenant?
Name each person you want the order to bind. See co-tenants, roommates and occupants.
Where do I start an application?
Record legal names from day one
BC's standard tenancy agreement captures every party's legal name.
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