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Docket LR07020
Order LR07-10

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Paula Clarke against Order No. LD07-295 of the Director of Residential Rental Property, dated December 13, 2007.

BEFORE THE COMMISSION

on Thursday, the 20th day of December, 2007.

Maurice Rodgerson, Chair
Weston Rose, Commissioner

Order

On December 17, 2007, the Commission received a Notice of Appeal from Paula Clarke requesting an appeal of Order LD07-295, dated December 13, 2007 said Order issued by the Office of the Director of Residential Rental Property (the Director). 

Subsection 25(1) of the Rental of Residential Property Act R.S.P.E.I. 1988, Cap. R-13.1 (the Act) reads as follows:

25. (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) 

The Commission has disallowed Ms. Clarke's Notice of Appeal as she neither appeared at the December 12, 2007 hearing before the Director, nor was she represented at said hearing.  The Commission does not have the authority to waive a requirement of the Act. 

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

IT IS ORDERED THAT

1.  The December 17, 2007 Notice of Appeal filed by Paula Clarke is hereby disallowed.

2.  Order LD07-295 issued by the Office of the Director of Residential Rental Property continues in full force and effect.

DATED at Charlottetown, Prince Edward Island, this 20th day of December, 2007.

BY THE COMMISSION:

Maurice Rodgerson, 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.