![](../../../images/iraclogo-n207b.gif)
Docket A-012-96
Order LR-96-9
IN THE MATTER of an appeal, under Section 25
of the Rental of Residential Property Act, by Beth MacKenzie (the Lessee)
against Order No. LD-96-115 of the Director of Residential Property dated June 25, 1996.
BEFORE THE COMMISSION
on Monday, the 19th day of August, 1996.
Linda Webber, Chair
Clayton Bulpitt, Commissioner
James Nicholson, Commissioner
Decision
A Notice of Appeal against Order LD96-115 was filed by the Lessee Beth MacKenzie on
July 17, 1996.
A Notice of Hearing was issued July 29, 1996 setting the date of Thursday, August 8,
1996, at 9:30 a.m. for the hearing. Upon being contacted by Commission staff the Lessee
indicated an inability to attend on the scheduled date and a desire for a new date. As a
result, the hearing was rescheduled to Monday, August 12, 1996 at 1:30 p.m. On that date
no one appeared for the Lessee but Vivian Neal appeared for the Lessor.
As a result of no one appearing for the Lessee Appellant the Commission dismissed the
appeal. The Lessor requested interest on the money due to her.
The Commission has reviewed the Rental of Residential
Property Act, R.S.P.E.I., 1988, Cap. R-13.1 and determined that interest is payable
only if there is a rental agreement between the parties that contains provision for a
monetary penalty for late payment of rent. There is no evidence before the Commission that
any such agreement existed between the parties. As a result, interest cannot be awarded.
IN THE MATTER of an appeal, under Section 25
of the Rental of Residential Property Act, by Beth MacKenzie (the Lessee)
against Order No. LD-96-115 of the Director of Residential Property dated June 25, 1996.
Order
WHEREAS Beth MacKenzie filed an appeal against a
decision of the Director of Residential Rental Property on July 17, 1996;
AND WHEREAS
the Appellant did not appear at the
hearing scheduled for August 12, 1996;
NOW THEREFORE for the reasons given in the
annexed Decision;
IT IS ORDERED THAT
1. The appeal is dismissed;
2. The Order of the Director is affirmed; and
3. The Lessee pay the sum of $575.00 to the Lessor on or before August 26, 1996.
DATED at Charlottetown, Prince Edward Island,
this 19th day of August, 1996.
BY THE COMMISSION:
Linda Webber, Chair
Clayton Bulpitt, Commissioner
James Nicholson, Commissioner
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.
|