Docket A-016-02 
Order LR02-10

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Nick Tweel against Order No. 02-236 of the Director of Residential Rental Property dated November 13, 2002.

BEFORE THE COMMISSION

on Tuesday, the 19th day of November, 2002.

Maurice Rodgerson, Panel Chair
Weston Rose, Commissioner

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Order

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WHEREAS the Commission received from Nick Tweel a Notice of Appeal (Form 17) by fax on November 15, 2002;

AND WHEREAS the notice seeks to appeal a decision of the Director of Residential Rental Property, Order LD02-236, dated November 13, 2002 involving a rental unit at 29 Burns Avenue; the Commission heard the appeal in Charlottetown on Monday, October 28, 2002;

AND WHEREAS the Commission reviewed the Notice of Appeal and the original order;

AND WHEREAS the original order states the lessor was not present nor did he contact the Residential Rental Property Officer to indicate that he would be absent;

AND WHEREAS this statement has not been disputed in the appeal information;

AND WHEREAS the Commission is a creature of statue and must operate within the legislation as it is written;

AND WHEREAS Section 25(1) of the Rental of Residential Property Act states:  "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." [emphasis added]

AND WHEREAS the Commission has no authority to waive the provisions of the Act;

NOW THEREFORE IT IS ORDERED THAT as the lessor (Nick Tweel) did not attend, and was not represented at the original hearing before the Director of Residential Rental Property, the Appeal cannot be heard and Order LD02-236 stands.

DATED at Charlottetown, Prince Edward Island, this 19th day of November, 2002.

BY THE COMMISSION:

Maurice Rodgerson, Panel Chair

Weston Rose, Commissioner

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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.