IN THE MATTER of an appeal filed under Section 25 of the Rental of Residential Property Act by Sarah Nicolle and Cody Nicolle against Order LD15-124 issued by the Director of Residential Rental Property on the 10th day of April, 2015.

BEFORE THE COMMISSION

on Monday, the 16th day of November, 2015.

M. Douglas Clow, Vice-Chair
John Broderick, Commissioner

Order

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On November 3, 2015, the Commission received a Notice of Appeal from a lessee, Sarah Nicolle on behalf of herself and Cody Nicolle (the "Appellants").  As this Notice of Appeal form is pursuant to section 25 of the Rental of Residential Property Act, it would appear that the Appellants have requested an appeal of a previous decision of the Director of Residential Rental Property (the "Director").  However, no copy of a Director's Order was attached to the Appellants' Notice of Appeal.    

Attached to the Appellants' Notice of Appeal was a Satisfaction Piece issued by the Supreme Court of Prince Edward Island and signed by a lessor, Hilchie Quality Rentals Inc. (the "Respondent") dated the 18th day of September, 2015. 

Following the receipt of the Notice of Appeal with attached Satisfaction Piece, the Commission was advised by the Director that Order LD15-124 was issued on April 10, 2015. The Commission has reviewed said Order and the parties identified in said Order appear to be the same parties as set out in the Satisfaction Piece.    

The appeal is dismissed for the following reasons. 

With respect to the Appellants' apparent attempt to appeal Order LD15-124, the appeal was filed over six months after the Director issued said Order, which is well beyond the statutory time limit set out in subsection 25(1) of the Rental of Residential Property Act.  Further, the statutory time period to appeal was specifically stated under the heading "NOTICE" on page three of Order LD15-124. 

With respect to the Appellants' inclusion of the Satisfaction Piece with the Notice of Appeal, the Satisfaction Piece was issued by the Supreme Court of Prince Edward Island and the Commission has absolutely no jurisdiction to hear appeals of matters which were previously determined by the Court. 

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

IT IS ORDERED THAT

1.  The Commission does not have jurisdiction to hear this appeal.