Docket A-013-03
Order LR03-10

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Darlene Fall against Order No. LD03-208 of the Director of Residential Rental Property dated August 28, 2003.

BEFORE THE COMMISSION

on Tuesday, the 2nd day of September, 2003.

Maurice Rodgerson, Vice-Chair
Weston Rose, Commissioner

---

Order

---

WHEREAS the Commission received on August 29, 2003 a Notice of Appeal filed by Darlene Fall;

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

AND WHEREAS the Notice of Termination was served in accordance with the requirement of the Rental of Residential Property Act;

AND WHEREAS the application for earlier termination of the rental agreement was also filed in accordance with the Act;

AND WHEREAS the Residential Rental Property Officer followed the requirements of the Act in issuing the Notice of Hearing;

AND WHEREAS the Lessee did not appear before the director and was not represented;

AND WHEREAS the Commission is bound by the Act and must operate within the legislation as it is written;

AND WHEREAS Section 25(1) 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 Lessee did not attend, and was not represented at the original hearing before the Director of Residential Rental Property, the Appeal cannot be heard and the Order LD03-208 stands.

DATED at Charlottetown, Prince Edward Island, this 2nd day of September, 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.