Order LR97-13 - A-015-97 - Rental Appeal - Sandra McMillan v. Rose Mary Gallant (Oct 31, 1997)

Docket A-015-97
Order LR97-13

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Sandra McMillan (the Lessor) against Order No. LD97-169 of the Director of Residential Rental Property dated September 24, 1997.

BEFORE THE COMMISSION

on Friday, the 31st day of October, 1997.

Wayne D. Cheverie, Q.C., Chair
Anne McPhee, Commissioner
Clayton Bulpitt, Commissioner

Order

Participants

1. Appellant:

Sandra McMillan (the Lessor)

2. Respondent:

Rose Mary Gallant (the Lessee)

Reasons for Order

1. Background

The Commission reviewed the documents in the file and entered them into evidence. There were ten Exhibits in all which were agreed to by the parties. In addition, the Lessor presented a further exhibit which was an undated estimate of the area in question to be cleaned, to which the Lessee took no exception.

The facts are set out in Order LD97-169 and need not be repeated here.

The Lessor testified that her only concern in the Order appealed from, had to do with the area to be cleaned as calculated by the Rental Officer. She indicated that the Rental Officer had accepted the Lessee's contention that the area in question amounted to 40% of the original agreed upon area.

The Lessor then tendered a written estimate (Exhibit A-1) which fixed the disputed area to be 16.47% of the whole and not 40% as the Rental Officer had found. For her part, the Lessee took no exception to the Lessor's written estimate (Exhibit A-1) and, in fact, testified that it was the Rental Officer who came up with the 40% figure, not her.

2. Decision

The issue before the Commission in this case is quite narrow. In fact, both parties now agree the compensation to the Lessor out of the security deposit based on the rental agreement should be based on 16.47% rather than 40%. In light of this, the Commission has determined that the appeal be allowed, in part, and that the Order of the Director of Residential Rental Property be varied to reflect a credit to the Lessee of $17.29 instead of $42.00.

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Sandra McMillan (the Lessor) against Order No. LD97-169 of the Director of Residential Rental Property dated September 24, 1997.

Order

WHEREAS Sandra McMillan (the Appellant) appealed to the Island Regulatory and Appeals Commission (the Commission), in written notice dated October 10, 1997, against a decision of the Director of Residential Rental Property;

AND WHEREAS the Commission heard the appeal in Charlottetown on October 28, 1997;

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

IT IS ORDERED THAT

1.    The appeal is allowed;

2.    The Lessor shall receive a payment of $117.71; and

3.    The Lessee shall receive a payment of $107.29.

DATED at Charlottetown, Prince Edward Island, this 31st day of October, 1997.

BY THE COMMISSION:

Wayne D. Cheverie, Q.C., Chair
Anne McPhee, Commissioner
Clayton Bulpitt, 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.