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If the premises are not available for occupancy by the tenant at the beginning of the tenancy, the tenant can apply to the Court of Queen's Bench for an order either terminating the agreement or for specific performance. The Court can also award damages against the landlord. On the application to the Court, the Court can order that the rent be paid into Court pending the outcome of the application.
If either the landlord or the tenant make an application to the Court for any remedies, the party making the application must give the other party three days notice, exclusive of holidays and Saturdays unless the Court should otherwise order.
The RTA stipulates what must be in the affidavit in support of a Court application
.The parties may bring their action in the Provincial Court, Civil Division unless the claim exceeds the Provincial Courts monetary jurisdiction, or the application is for an equitable remedy, an order for possession or requiring a person to vacate or where the statute requires the matter to be heard by the Court of Queen's Bench.
All documents required by the Provincial Court can be acquired from the clerk of that Court. The parties must prepare their own documents if proceeding in the Court of Queen's Bench. Also the parties cannot appear by agent in the Court of Queen's Bench without leave of the Court, which the Court has been very reluctant to give. Any orders or judgments granted by the Provincial Court becomes an order or judgement of the Court of Queen's Bench when filed with the Clerk of the Court.