IN THE MATTER of an appeal under Section 25 of the Rental of Residential Property Act (the "Act") by Christa Gregory against Order LD19-157 dated April 23, 2019 issued by the Director of Residential Rental Property.

BEFORE THE COMMISSION

on Thursday, the 2nd day of May, 2019.

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

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Order

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On April 29, 2019, the Commission received a Notice of Appeal from a lessee, Christa Gregory (the "Appellant") requesting an appeal of Order LD19-157 dated April 23, 2019 issued by the Director of Residential Rental Property (the Director). 

The matter was heard by the Director on April 23, 2019. In Order LD19-157 it states, in part: 

"AND WHEREAS a Notice of Hearing dated April 16, 2019 was sent to the lessor and the lessee advising them of a hearing scheduled for April 23, 2019 regarding the lessor's application… 

AND WHEREAS a hearing was held on this matter on April 23, 2019 pursuant to Section 4.(2) of Act. The lessor [Killam Apartment REIT] was represented by Lei-Lanya Lavers and Glenn Roberts.  The lessee, Christa Gregory, did not attend the hearing and did not contact the Office of the Director of Residential Rental Property to request an adjournment.  The hearing proceeded in the absence of the lessee." 

Subsections 25(1) and 33(3) of the Rental of Residential Property Act R.S.P.E.I. 1988, Cap. R-13.1 (the Act) read 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.  

33.   (3)   Where a document is delivered by ordinary mail, it is deemed to have been delivered on the third day after the date of mailing. 1988,c.58,s.33; 1991,c.18,s.22 {eff.} Nov. 4/91.

Emphasis added.

The Commission has disallowed the Appellant's Notice of Appeal as the Appellant did not appear or have a representative at the hearing before the Director.  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 April 29, 2019 Notice of Appeal filed by Christa Gregory is hereby disallowed.

2. Therefore, Order LD19-157 issued by the Director remains in full force and effect.

DATED at Charlottetown, Prince Edward Island, this 2nd day of May, 2019.

BY THE COMMISSION:

M. Douglas Clow, Vice-Chair

John Broderick, Commissioner

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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.
 

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.