Order LR95-06 - A-005-95 - Rental Appeal - Todd Munn v. Betty L. Munn (Apr 28, 1995)

Docket A-005-95
Order LR95-6

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Todd Munn (the Lessee) against Order No. LD95-077 of the Director of Residential Property dated March 22, 1995.

Friday, April 28, 1995

Linda Webber, Chair
James Nicholson, Commissioner
Carl Riggs, Commissioner

Order

Participants

1. Appellant

Todd Munn (the Lessee)

2. Respondent

Betty L. Munn (the Lessor)
John Holmes (Legal Counsel)

Reasons for Order

1 Background

On March 31, 1995 Todd Munn appealed a decision of the Director dated March 22, 1995, being Order LD95-077. By this Order Todd Munn was ordered to surrender possession of the residential premises located at Unit C, 23 MacDonald Road, Bunbury, P.E.I. by April 1, 1995.

Todd Munn appealed this decision on the grounds that "I am not a Lessee, but rather a Lessor of the building at 23 MacDonald due to the agreement of purchase and sale on the 31 July 1991."

This appeal was heard on the 24th day of April 1995.

2 Decision

During the appeal Todd Munn testified on his own behalf and stated that the agreement of purchase and sale signed in 1991 was, in his opinion, null and void. For this reason he was seeking reimbursement from Betty and Barry Munn for the money he spent on the property at 23 MacDonald Road.

The position taken by the solicitor for Betty Munn, owner of the property, was that if Todd Munn now says the agreement of purchase and sale is null and void, then the appeal must fail because that is the basis of the appeal.

The Commission must agree with the solicitor for Betty Munn. From the information before us, the owner of the property is Betty Lou Munn. The only evidence Todd Munn ever gave to support his not being a tenant of the property was the 1991 agreement of purchase and sale. Since the position taken by Todd Munn now is that the agreement he was relying upon is null and void, he cannot use it as the basis for a change in his status.

While Todd Munn raised a number of other complaints against Betty and Barry Munn, none related directly to the Notice of Termination on the Order to surrender the premises in question.

As a result, the appeal is dismissed.

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Todd Munn (the Lessee) against Order No. LD95-077 of the Director of Residential Property dated March 22, 1995.

Order

WHEREAS Todd Munn filed an appeal against a decision of the Director of Residential Rental Property dated March 22, 1995;

AND WHEREAS the Island Regulatory and Appeals Commission heard the appeal in Charlottetown on March 24, 1995;

NOW THEREFORE, for the reasons given in the annexed Reasons for Order;

IT IS ORDERED THAT

1. The appeal is dismissed;

2. The Order of the Director is confirmed; and

3. The rental agreement is terminated effective April 1, 1995.

DATED at Charlottetown, Prince Edward Island, this 28th day of April, 1995.

BY THE COMMISSION:

Linda Webber, Chair
James Nicholson, Commissioner
Carl Riggs, 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.