Order LR94-06 - A-005-94 - Rental Appeal - Paul Gormley v. Ada Petrie (Nov 15, 1994)

Docket A-005-94
Order LR94-6

IN THE MATTER of the Rental of Residential Property Act, R.S.P.E.I. 1988, C. R 13.1,

and

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Paul Gormley (the Lessee) against Order No. LD94-108 of the Director of Residential Property dated September 9, 1994.

Tuesday, November 15, 1994

Linda Webber, Chairman
DebbieMacLellan, Commissioner
Clayton Bulpitt, Commissioner

Decision

The appeal of Paul Gormley was filed on September 22, 1994 against a decision of the Director of Residential Rental Property issued on September 9, 1994.

The Commission concluded a hearing in Charlottetown on October 27, 1994, to determine its jurisdiction to hear the appeal of Paul Gormley.

The Commission was satisfied that Paul Gormley received the Notice of Hearing dated August 18, 1994, and was not led to believe that this hearing would be cancelled or postponed.

Paul Gormley did not appear and was not represented at the hearing held on September 1, 1994 by the Director of Residential Rental Property.

Section 25(1) of the Rental of Residential Property Act, R.S.P.E.I. 1988, Cap. R-13.1, permits an appeal by a party to a decision only if the party has appeared or been represented at the hearing.

For the reasons given at the hearing, summarized herein, the Commission does not have jurisdiction to hear the appeal of Paul Gormley and the Order of the Director of Residential Rental Property is hereby confirmed.

DATED at Charlottetown, Prince Edward Island, this 15th day of November, 1994.

BY THE COMMISSION:

Linda Webber, Chairman
Debbie MacLellan, Commissioner
Clayton Bulpitt, Commissioner

AS YOU WERE ADVISED AT THE HEARING:

Sections 13.(1) and 13.(2) of the Island Regulatory and Appeals Commission Act provide as follows:

13.(1) An appeal lies from a decision or order of the Commission to the Appeal Division of the Supreme Court upon a question of law or jurisdiction.

(2) The appeal shall be made by filing a notice of appeal in the Supreme Court within twenty days after the decision or order appealed from and the Civil Procedure Rules respecting appeals apply with the necessary changes.