WHEREAS the Commission received on March 18, 2004 a Notice of Appeal filed by the Appellant, Tonia Gallant;

AND WHEREAS the Commission has reviewed the Notice of Appeal and the original order (LD04-041);

AND WHEREAS the Notice of Hearing and the original order were sent to an incorrect mailing address, specifically an incorrect apartment number;

AND WHEREAS the Notice of Hearing was not returned by the post office;

AND WHEREAS the original order was returned by the post office on February 23, 2004 and on February 25, 2004 the Director of Residential Property (Director) re-sent said order to the Appellant;

AND WHEREAS the Director was advised that the appeal period should run from February 25, 2004 to March 19, 2004 and therefore, this appeal has been filed within the time limit provided under the Rental of Residential Property Act (the Act);

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

AND WHEREAS section 25(1) of the Act reads:

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 Appellant did not appear before the Director and was not represented;

AND WHEREAS the Commission does not have the authority to waive the provisions of the Act;

NOW THEREFORE IT IS ORDERED THAT as the Appellant did not attend, and was not represented at the original hearing before the Director, the requirements set forth in section 25(1) of the Act have not been met and therefore, this Appeal cannot be heard and order LD04-041 stands.

THE COMMISSION REQUESTS that the Director give consideration to the possibility of re-hearing the matter, given that the address contained in the Notice of Hearing was incorrect, and therefore the Appellant may have never received said Notice of Hearing.

DATED at Charlottetown, Prince Edward Island, this 19th day of April, 2004.

BY THE COMMISSION:

Weston Rose, Commissioner

Brian J. McKenna, Vice-Chair

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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.