What to do after the order from RTDRS received?
After you receive the order (via email, fax or mail copies), the following should be done as soon as possible by the landlord:
Step 01 – File the order at the Court of Queen’s Bench
Print 3 copies of the hearing order, go to Queen’s bench of Alberta in person (if you are in Edmonton, here is the address:
QUEEN’S BENCH OF ALBERTA
EDMONTON
Law Courts
1A Sir Winston Churchill Square
Edmonton AB T5J 0R2
P: (780) 422-2492
F: (780) 427-0629
(working hours can be found via the link here
https://albertacourts.ca/qb/about/locations-and-sittings/location-detail/edmonton)
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For any other locations in Alberta, please go to
https://albertacourts.ca/qb/about/locations-and-sittings
Ask the front desk where to file the hearing order by RTDRS, you will be directed to the right place.
The clerk there will file the order, give you the file order # and two copies, one is for you and the other is for you to serve the tenant. While you are there, you may ask them the blank Affidavit copy so that you can complete it once you have the filed order served the tenants.
Updated on 2020-08-04
RTDRS now has the service of so called “File the order via Email” which will allow landlord to receive an email with the order filed automatically instead of asking the landlord to go and file in person. Make sure you check the emails and or talk to the RTDRS officer during the hearing that this is the service provided in your case indeed.
Step 02 – Serve the so-called filed hearing order on the respondent (the tenants)
Bring the filed order back to the tenant residence. You do NOT need to hand it to them in person, if there is no one in home. All you need to do is to type/stick the order onto their door and take a picture, record the time and date. Then go back to Alberta court of Bench and complete Step 3.
Step 03 – Complete the Affidavit as the proof that the file has been served.
Go back to the court, complete the Affidavit file and swear in front of the clerk. They will give you a signed copy of Affidavit to proof that you have served the tenant with the filed order by RTDRS.
keep the filed hearing copy of yours as well as the Affidavit copy (highly recommended to have the scanned pdf version ready so that you can send them out when needed) in your file archive.
Now you are ready for the time when civil enforcement service is needed to enforce the order.
References:
How RTDRS conduct their hearing
https://www.alberta.ca/rtdrs-hearings.aspx#toc-7
Why you need to serve the filed order to tenant:
If you are a landlord, a civil enforcement agent will need to see proof of service on the
tenant or over holding tenant in the form of a filed Affidavit of Service before eviction
steps can be taken. The Court of Queen’s Bench will also require proof of service before
collection steps can be taken under the Civil Enforcement Act of Alberta. For a printable
instructions on getting and enforcing your judgment in Alberta you can visit the
following website.
https://albertacourts.ca/docs/default-source/pc/getting-and-enforcing-your-judgmentin-
alberta
If you are a tenant, the Court of Queen’s Bench will require proof of service before
collection steps can be taken under the Civil Enforcement Act of Alberta. For a printable
instructions on getting and enforcing your judgment in Alberta you can visit the
following website.
https://albertacourts.ca/docs/default-source/pc/getting-and-enforcing-your-judgmentin-
alberta
https://albertacourts.ca/docs/default-source/pc/getting-and-enforcing-your-judgment-in-alberta