Order LR95-14 - A-015-95 - Rental Appeal - John Sweeney v. Harold Saunders (Nov 9, 1995)

Docket A-015-95
Order LR95-14

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by John Sweeney (the Lessee) against Order No. LD95-215 of the Director of Residential Rental Property dated October 31, 1995.

Thursday, November 9, 1995

Linda Webber, Chair
Anne McPhee, Commissioner
Clayton Bulpitt, Commissioner

Decision

On November 9, 1995 the Commission heard the appeal of John Sweeney (the Lessee) against a decision of the Director of Residential Rental Property issued on October 31, 1995.

The decision of the Director ordered that

1. Possession of the residential premises is to be surrendered to the lessor on or before 12:01 p.m., November 3, 1995 and if this does not occur by that date the sheriff is directed to put the lessor in possession of the premises.

The appeal as filed contested the validity of the termination notice and order for possession. However, on appeal the Lessee abandoned this argument stating that he was willing to leave but asking for more time. The Lessor opposed this request but the Commission did not find it necessary for the Lessor to call evidence on this point.

The Appellant Lessee provided insufficient grounds to justify overturning the Order of the Director, even on the issue of time.

The appeal is therefore dismissed. The Order of the Director dated October 31, 1995 being Order LD95-215 is hereby affirmed in all respects.

DATED at Charlottetown, Prince Edward Island, this 9th day of November, 1995.

BY THE COMMISSION:

Linda Webber, Chair
Anne McPhee, Commissioner
Clayton Bulpitt, Commissioner

NOTICE

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.