LR14-21

Tenant appeal · other. Outcome: outcome pending review.

Linked prior order: LD14-251

Order text

Order LR14-21 - Rental Appeal - Docket LR14026 - Nanci Paquet v Director of Residential Rental Property Docket LR14026 Order LR14-21 IN THE MATTER of an appeal under Section 25 of the Rental of Residential Property Act (the Act ) made by Nanci Paquet against Order LD14-251 dated August 6, 2014 issued by the Director of Residential Rental Property. BEFORE THE COMMISSION on Wednesday, the 13th day of August, 2014. M. Douglas Clow, Vice-Chair John Broderick, Commissioner Order On August 13, 2014 the Commission received a Notice of Appeal dated the same date from a lessee, Nanci Paquet (the Appellant) requesting an appeal of Order LD14-251 dated August 6, 2014 issued by the Director of Residential Rental Property (the Director). The matter was heard by the Director on August 6, 2014. In Order LD14-251 it states, in part: " AND WHEREAS a Notice of Hearing dated July 30, 2014 was sent to the lessor and the lessee advising them of a hearing scheduled for August 6, 2014 regarding the lessor's application . AND WHEREAS a hearing was held on this matter on August 6, 2014...The lessee did not attend the hearing and did not contact the Rental Officer to indicate that she would be absent. The Rental Officer called the lessee's cell phone number twice prior to the hearing, but heard only a customer not available recording. The hearing proceeded in the absence of the lessee. ... AND WHEREAS the evidence and submissions of the lessor's representatives may be summarized as follows:�On July 31, 2014, the lessor served the lessee with the Notice of Hearing by posting it to the door of the lessee's unit and taking a picture of it posted to the door." Subsections 25(1), 25(3) and 33(3) of the Rental of Residential Property Act R.S.P.E.I. 1988, Cap. R-13.1 (the Act ) read as follows: 25. (1) Any party to a decision or order of the Director, if the party has appeared or been represented at the hearing before the Director , may appeal therefrom by serving on the Commission, within twenty days after receipt of the decision or order of the Director, a notice of appeal in the form prescribed by regulation. (3) Where an appeal is not made under subsection (1), the parties are deemed to have accepted the decision of the Director and the decision is final. 1988,c.58,s.25; 1990,c.53,s.7; 1991,c.34,s.1,2; 1991,c.18,s.22 {eff.} Nov. 4/91. 33. (3) Where a document is delivered by ordinary mail, it is deemed to have been delivered on the third day after the date of mailing. 1988,c.58,s.33; 1991,c.18,s.22 {eff.} Nov. 4/91. Emphasis added. The Commission has disallowed the Appellant's Notice of Appeal as the Appellant did not appear or have a representative at the hearing before the Director. The Commission does not have the authority to waive a requirement of the Act . NOW THEREFORE , pursuant to the Island Regulatory and Appeals Commission Act and the Rental of Residential Property Act ; IT IS ORDERED THAT 1. The August 13,2014 Notice of Appeal filed by Nanci Paquet is hereby disallowed. 2. Therefore, Order LD14-251 issued by the Director remains in full force and effect. 3. Possession of the residential premises located at 218-224 Euston Street, Apartment #10, Charlottetown, PE be surrendered to the Respondent (lessor), AC Properties Inc., and the Sheriff is directed to put the Respondent in possession of the residential premises forthwith. DATED at Charlottetown, Prince Edward Island, the 13th day of August, 2014. BY THE COMMISSION : M. Douglas Clow, Vice-Chair John Broderick, 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.