LR20-16

Appeal · abandonment. Outcome: outcome pending review.

Linked prior order: LD20-116

Order text

Order LR20-16 - Rental Appeal - Docket LR20016 - Danielle Jardine v. Office of the Director of Residential Rental Property Docket LR20016 Order LR20-16 IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act , by Danielle Jardine, represented by herself against Orders LD20-116 and LD20-117, issued by the Director of Residential Rental Property and dated June 11, 2020 . BEFORE THE COMMISSION ON Tuesday, the 14th day of July, 2020. Order WHEREAS this matter was scheduled for telehearing before the Commission on July 14, 2020; AND WHEREAS the Appellant failed to appear by telephone at the telehearing; AND WHEREA S the record confirms that the Appellant received notice of the date, time and the procedure for the telehearing by the following: July 6, 2020 letter sent by email. July 7, 2020 email. AND WHEREAS the Commission is satisfied that the Appellant received notice of the date, time and procedure for the telehearing; AND WHEREAS pursuant to Rule 27 of the Rules of Practice and Procedure for Hearings , the Commission is empowered to deem an appeal abandoned where an appellant or applicant fails to attend a hearing; NOW THEREFORE , pursuant to the Island Regulatory and Appeals Commission Act and the Rental of Residential Property Act IT IS ORDERED THAT 1. The proceeding is hereby dismissed as abandoned. 2. Director's Orders LD20-116 and LD20-117 remain in full force and effect. DATED at Charlottetown, Prince Edward Island, Tuesday, July 14 , 2020 . Erin T. Mitchell, Commissioner Jean Tingley , Commissioner NOTICE Sections 26.(2), 26.(3), 26.(4) and 26.(5) of the Rental of Residential Property Act provide as follows: 26.(2) A lessor or lessee may, within fifteen days of the decision of the Commission, appeal to the court on a question of law only. (3) The rules of court governing appeals apply to an appeal under subsection (2). (4) Where the Commission has confirmed, reversed or varied an order of the Director and no appeal has been taken within the time specified in subsection (2), the lessor or lessee may file the order in the court. (5) Where an order is filed pursuant to subsection (4), it may be enforced as if it were an order of the court. NOTICE: IRAC File Retention In accordance with the Commission's Records Retention and Disposition Schedule, the material contained in the official file regarding this matter will be retained by the Commission for a period of 2 years.