LR22-48

Tenant appeal · eviction. Outcome: denied. The appeal is denied and Director’s Order LD22-228 is confirmed, subject to a variation in the date to vacate the Premises to 11:59 p.m., August 31, 2022. The Issue The Commission must decide whether the Director’s decision ordering the termination of the rental agreement is just

Linked prior order: LD22-228

Order text

Docket LR22052 – Emily Sonier and Spencer Bridges v. Arsenault Bros. Holdings Inc. Thursday, August 18, 2022 Docket: LR22052
Order: LR22-48
BEFORE THE COMMISSION ON Thursday, August 18, 2022.
Panel Chair - Erin T. Mitchell, Commissioner
M. Douglas Clow, Vice-Chair
Hearing Date: Tuesday, August 16, 2022
ORDER
IN THE MATTER of an appeal, under section 25 of the Rental of Residential Property Act (the “Act”), filed by Emily Sonier and Spencer Bridges against Order LD22-228, issued by the Director of Residential Rental Property and dated July 4,
2022.
Compared and Certified a True Copy
(Sgd.) Susan Jefferson Commission Administrator Corporate Services and Appeals

Orders of The Island Regulatory and Appeals Commission Order LR22-48 – Page 2 Docket LR22052 – Emily Sonier and Spencer Bridges v. Arsenault Bros. Holdings Inc. Thursday, August 18, 2022 This appeal asks the question of whether the Director of Residential Rental Property (the “Director”) erred in terminating a rental agreement.
BACKGROUND
Emily Sonier (“Ms. Sonier”) and Spencer Bridges (“Mr. Bridges”) (collectively the “Tenants”) rent premises located at 160 Water Street, Apartment #610, Summerside, PE (the “Premises”), from Arsenault Bros. Holdings Inc. (the “Landlord”). Rent for the Premises is $1,425 per month with rent due on the first day of the month. A security deposit of $1,425 was paid.
On May 30, 2022, the Landlords served the Tenants with a Notice of Termination by Lessor of Rental Agreement (“Form 4”) which cited a breach of clause 14(1)(a) of the Act. The effective date of the Form 4 was June 30, 2022. On June 9, 2022, Mr. Bridges filed with the Director an application to set aside the Form 4 (the “Application”).
In Order LD22-228 dated July 4, 2022, the Director denied the Tenants’ Application and ordered the Tenants to vacate the Premises by 12:59 p.m., July 31, 2022 and to pay rent for the month of July, 2022.
The Tenants appealed.
The appeal was heard by teleconference on August 16, 2022. Ms. Sonier participated on the behalf of the Tenants. The Landlord was represented by Geoff Kowalski (“Mr. Kowalski”) and Gordon Campbell (“Mr. Campbell”).
Disposition
The appeal is denied and Director’s Order LD22-228 is confirmed, subject to a variation in the date to vacate the Premises to 11:59 p.m., August 31, 2022.
The Issue The Commission must decide whether the Director’s decision ordering the termination of the rental agreement is justified.
Analysis
The Commission heard from Ms. Sonier, Mr. Kowalski and Mr. Campbell. The Commission finds that there was no new evidence to warrant disturbing the findings of the Director.
However, the Commission varies the date to vacate the Premises to Wednesday, August 31, 2022 at 11:59 p.m.
NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the Rental of Residential Property Act;

Orders of The Island Regulatory and Appeals Commission Order LR22-48 – Page 3 Docket LR22052 – Emily Sonier and Spencer Bridges v. Arsenault Bros. Holdings Inc. Thursday, August 18, 2022
IT IS ORDERED THAT
1. The appeal is denied.
2. Director’s Order LD22-228 is confirmed, subject to a variance in the date and time to vacate the Premises to Wednesday, August 31, 2022 at 11:59 p.m.
DATED at Charlottetown, Prince Edward Island, Thursday, August 18, 2022.
BY THE COMMISSION:
(sgd. Erin T. Mitchell)

Panel Chair - Erin T. Mitchell, Commissioner
(sgd. M. Douglas Clow)

M. Douglas Clow, Vice-Chair
NOTICE
Subsections 26(2), 26(3), 26(4) and 26(5) of the Rental of Residential Property Act provides 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.