Docket LR20020
Order LR20-20

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Order

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WHEREAS this matter was originally scheduled for a tele-hearing hearing before the Commission on August 17, 2020 and the hearing date was postponed by the Commission at the request of the Appellant; 

AND WHEREAS the Commission rescheduled the tele-hearing to September 1, 2020; 

AND WHEREAS the Appellant failed to appear at the tele-hearing; 

AND WHEREAS the record confirms that the Appellant received a revised notice of the date, time and instructions for the tele-hearing hearing via email on August 19, 2020; 

AND WHEREAS an email reminding the Appellant of the date, time and instructions for the tele-hearing was sent on the morning of August 31, 2020; 

AND WHEREAS the Commission is satisfied that the Appellant received notice of the date and time of the hearing; 

AND WHEREAS the Commission is satisfied that the Appellant received instructions on how to participate in the tele-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; 

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

IT IS ORDERED THAT

1. The proceeding is hereby dismissed as abandoned.

2. The Director's Order LD20-162 issued by the Director remains in full force and effect.

3. A copy of this Order shall be emailed and mailed to the Appellant at the address provided to the Commission from the Appellant’s Notice of Appeal.

DATED at Charlottetown, Prince Edward Island, this 1st day of September, 2020.

BY THE COMMISSION:

Erin T. Mitchell, Commissioner

Jean Tingley, 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.