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Docket LR07015
Order LR07-07

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Todd Munn against Order No. LD07-255 of the Director of Residential Rental Property, dated November 5, 2007.

BEFORE THE COMMISSION

on Tuesday, the 27th day of November, 2007.

Weston Rose, Commissioner
Chester MacNeill, Commissioner
Anne Petley, Commissioner

Order

On November 9, 2007 the Commission received a Notice of Appeal from the Appellant Todd Munn.  Commission staff contacted the Appellant and the Respondent Joey Hoyt to coordinate a date and time for the hearing.  The hearing was then scheduled for November 26, 2007 commencing at 10:00 a.m.

On the morning of November 26, 2007 the Appellant contacted Commission staff to advise that he could not attend the hearing.  Staff offered to reschedule the hearing to the afternoon of November 26, 2007 but the Appellant declined this offer.  Staff also offered the Appellant the option of participating in the hearing by telephone but the Appellant declined this offer as well.

The hearing commenced at 10:10 a.m. on November 26, 2007 with the Respondent present and the Appellant absent. 

The Commission finds that the hearing date and time had been selected after staff had consulted with both parties.  For the Commission to postpone the hearing on such short notice would require the Appellant to demonstrate that he was unable to attend the hearing due to unforeseen circumstances.  Once a date and time for a hearing has been fixed, it is the responsibility of parties to an appeal to schedule their other commitments around the hearing.  Only sudden, unforeseen events will justify the postponement of a hearing on short notice.

NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the Rental of Residential Property Act;

IT IS ORDERED THAT

1.  The appeal is dismissed as the Appellant did not attend the hearing.

DATED at Charlottetown, Prince Edward Island, this 27th day of November, 2007.

BY THE COMMISSION:

Weston Rose, Commissioner

Chester MacNeill, Commissioner

Anne Petley, 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.