Docket A006-03
Order LR03-08

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Tim Kilcup against Order No. LD03-144 of the Director of Residential Rental Property dated June 24, 2003.

BEFORE THE COMMISSION

on Friday, the 11th day of July, 2003.

Maurice Rodgerson, Vice-Chair
Weston Rose, Commissioner

Order

WHEREAS Tim Kilcup appealed Order LD03-144 of the Director of Residential Rental Property concerning delivery of possession of a rental unit a 4B Brighton Road in Charlottetown on or before June 25, 2003;

AND WHEREAS the written reason stated for the appeal was "not enough time to get out";

AND WHEREAS the Lessor has confirmed with the Commission that the Lessee has vacated the unit;

AND WHEREAS the Commission has made repeated attempts to contact the Lessee and Lessee has not responded to the numerous calls and messages from the Commission;

AND WHEREAS the Lessee has complied with the Order of the Director by vacating the premises;

NOW THEREFORE, based on the information noted above the Commission determines that the appeal has been abandoned by the Lessee.

IT IS ORDERED THAT
  1. The appeal is abandoned.
  1. Order LD03-144 is upheld.

DATED at Charlottetown, Prince Edward Island, this 11th day of July, 2003.

BY THE COMMISSION:

Maurice Rodgerson, Vice-Chair

Weston Rose, 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.