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Docket
LR18033
Order LR18-27
IN THE MATTER
of an appeal, under
Section
25 of the
Rental of Residential Property Act
by
Kim Graham, represented by herself against Order LD18-265
issued by the Director of Residential Rental Property and dated
August 22, 2018.
BEFORE THE COMMISSION
ON Friday,
September 7, 2018.
M. Douglas Clow, Vice-Chair
Jean
Tingley, Commissioner
Order
WHEREAS
this matter was scheduled for hearing before the Commission on
September 7, 2018;
AND WHEREAS
the Appellant failed to appear at the hearing;
AND WHEREAS the record confirms
that the Appellant received notice of the date and time of the hearing by
the following:
-
August 29, 2018 email to the
Appellant. Appellant advised of date and time and a PDF of the Notice of
Appeal Hearing was referenced and attached to the email.
-
August 29, 2018 letter mailed to
the Appellant advising of the date and time of the hearing and enclosing
all documents for the appeal.
-
September 6, 2018 email to the
Appellant reminding her of the date and time of the hearing and
providing attached PDFs of all documents.
The Appellant responded to this email indicating "I am going".
AND WHEREAS the Commission is
satisfied that the Appellant received notice of the date and time of the
hearing;
AND WHEREAS
pursuant to Rule 27 of the
Rules of Practice and Procedure for Hearings, the Commission is
empowered to deem an appeal abandoned where an appellant or applicant fails
to attend a hearing;
IT IS ORDERED THAT:
1. The proceeding is hereby
dismissed as abandoned.
2. Director's Order LD18-265
remains in full force and effect.
DATED
at Charlottetown, Prince Edward Island,
Friday, September 7, 2018.
M. Douglas Clow, Vice-Chair
Jean Tingley, 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.
NOTICE: IRAC File Retention
In accordance with the
Commission's Records Retention and Disposition Schedule, the material
contained in the official file regarding this matter will be retained by the
Commission for a period of 2 years.
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