Order LT02-03 - LT02001 - Real Property Appeal - Steven Malayny, on behalf of 100018 PEI Inc. v. Provincial Treasurer (Aug 15/02)

Docket: LT02001
Order LT02-03

IN THE MATTER of an appeal by Steven Malayny, on behalf of 100018 PEI Inc., against a decision of the Provincial Treasurer regarding the 2001 real property assessment of Provincial Property Number 73411, located in Summerside.

BEFORE THE COMMISSION

on Thursday, the 15th day of August, 2002

Maurice Rodgerson, Vice-Chair
Arthur Hudson, Commissioner

Order

WHEREAS Steven Malayny, on behalf of 100018 PEI Inc., (the Appellant) filed a Notice of Appeal with the Commission on January 31, 2002 against a Referral Disposition of Assessment issued by the Provincial Treasurer;

AND WHEREAS the Commission has not heard from the Appellant since January 31, 2002;

AND WHEREAS Commission staff wrote the Appellant on January 31, 2002 requesting that the Appellant provide the Commission with written submissions not later than March 1, 2002;

AND WHEREAS no response was received from the Appellant;

AND WHEREAS Commission staff, by registered letter dated June 12, 2002 requested that the Appellant advise the Commission not later than June 26, 2002 (the deadline) as to whether or not the Appellant intended to proceed with the appeal, and said registered letter specified that the Commission may deem the appeal to be withdrawn if the Appellant did not respond by said deadline;

AND WHEREAS the registered letter was received by the Appellant on June 13, 2002;

AND WHEREAS the deadline specified in the registered letter has now passed and no response has been received from the Appellant;

NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the Real Property Assessment Act,

IT IS ORDERED THAT

Appeal LT02001 is hereby deemed to have been withdrawn.

DATED at Charlottetown, Prince Edward Island, this 15th day of August, 2002.

BY THE COMMISSION:

Maurice Rodgerson, Vice-Chair

Arthur Hudson, Commissioner

NOTICE

Section 12 of the Island Regulatory and Appeals Commission Act reads as follows:
12.    The Commission may, in its absolute discretion, review, rescind or vary any order or decision made by it or rehear any application before deciding it.

Parties to this proceeding seeking a review of the Commission's decision or order in this matter may do so by filing with the Commission, at the earliest date, a written Request for Review, which clearly states the reasons for the review and the nature of the relief sought.

Sections 33 and 34 of the Real Property Assessment Act provide as follows:

33.    Notwithstanding anything in any public or private Act, an appeal lies to the Supreme Court of the province from any order, decision, or award of the Commission, if notice of the appeal is given the other parties within forty-five days after the making of the order, or decisions sought to be appealed from.

34.    The rules and practices of the Supreme Court respecting appeals apply with the necessary changes to any appeal.