Order LR97-09 - A-012-97 - Rental Appeal - Amanda Myers v. Jeremy Lewis (Aug 22, 1997)

Docket A-012-97
Order LR97-9

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Amanda Myers (the Lessee) against Order No. LD97-116 of the Director of Residential Rental Property dated July 10, 1997.

BEFORE THE COMMISSION

on Friday, the 22nd day of August, 1997.

Linda Webber, Chair
Clayton Bulpitt, Commissioner

Order

Neither the Appellant nor any representative of the Appellant appeared at the hearing. By a telephone call to Commission staff a message was received from Lynn Keefe to "proceed with what has been filed."

The Respondent Jeremy Lewis appeared at the hearing and testified under oath that all his evidence given to the Director was true.

The Commission determined that it had no evidence upon which to make any finding contrary to that made by the Director in Decision and Order LD97-116.

The Commission therefore dismisses the appeal and confirms the Order of the Director.

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Amanda Myers (the Lessee) against Order No. LD97-116 of the Director of Residential Rental Property dated July 10, 1997.

Order

WHEREAS Amanda Myers (the Appellant) appealed to the Island Regulatory and Appeals Commission (the Commission), in written notice dated July 29, 1997, against a decision of the Director of Residential Rental Property;

AND WHEREAS the Commission heard the appeal in Charlottetown on August 21, 1997;

IT IS ORDERED THAT the appeal is dismissed.

IT IS FURTHER ORDERED THAT

1. The decision of the Director is confirmed; and

2. The Lessor shall receive a payment of $227.25

DATED at Charlottetown, Prince Edward Island, this 22nd day of August, 1997.

BY THE COMMISSION:

Linda Webber, Chair
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.