Docket A-016-03
Order LR03-14

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Bryce Arsenault against Order No. LD03-225 of the Director of Residential Rental Property dated September 24, 2003.

BEFORE THE COMMISSION

on Tuesday, October 21, 2003.

Maurice Rodgerson, Vice-Chair
Weston Rose, Commissioner

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Order

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WHEREAS the Commission received on October 20, 2003 a Notice of Appeal filed by Bryce Arsenault;

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

AND WHEREAS Section 25(1) of the Rental of Residential Property Act states:

 (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. [emphasis added)

AND WHEREAS Section 33(3) of the Rental of Residential Property Act states:

(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.

AND WHEREAS the Lessee states he did not receive the original order until sixteen days after it was mailed, but seven days before the appeal period expired;

AND WHEREAS the appeal was filed twenty-six days after the decision was issued;

AND WHEREAS the Commission is bound by the provisions of the Act and does not have jurisdiction to extend the appeal period.

NOW THEREFORE IT IS ORDERED THAT as the Lessee did not file the appeal within the appeal period established in Section 25(1) the Appeal cannot be heard and Order LD03-225 stands.

DATED at Charlottetown, Prince Edward Island, this 21st day of October, 2003.

BY THE COMMISSION:

Maurice Rodgerson, Vice-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.