Docket: TLF01014
Order TLF02-001

IN THE MATTER of an alleged violation of the Prince Edward Island Lands Protection Act by Robert McCaughey and Lisa McCaughey.

BEFORE THE COMMISSION

on Monday, the 25th day of November, 2002.

Ginger Breedon, Chair
Norman Gallant, Commissioner
Kathy Kennedy, Commissioner

Order

WHEREAS  pursuant to Section 15 of the Prince Edward Island Lands Protection Act (the Act), an investigation was conducted into the land holdings of Robert McCaughey and Lisa McCaughey (the Respondents) to consider whether the Respondents acquired an interest in a portion of Parcel #207415 in violation of section 4 of the Act, which reads as follows: 

4.   A person who is not a resident person shall not have an aggregate land holding in excess of five acres or having a shore frontage in excess of one hundred and sixty-five feet unless he first receives permission to do so from the Lieutenant Governor in Council.

AND WHEREAS, pursuant to Commission Rule R98-1, the Respondents herein were provided with the report of the investigating officer by registered mail on July 4, 2002 and were given the opportunity to respond thereto within 30 days of said date;

AND WHEREAS on July 30, 2002, the Respondents' legal counsel filed with the Commission a submission in response to the report of the investigating officer;

AND WHEREAS the investigating officer stated in his report that, notwithstanding evidence that could suggest that the Respondents acquired an interest in Parcel #207415 in violation of Section 4 of the Act, the investigating officer was unable to locate or identify any definitive evidence of a violation of Section 4 of the Act;

AND WHEREAS a paper review of the alleged violation was conducted in Charlottetown on October 1, 2002;

AND WHEREAS the Commission has fully considered the issue before it, including the report of the investigating officer and the submission on behalf of the Respondents;

AND WHEREAS it appears to the Commission that there is insufficient evidence to support a finding that the Respondents violated Section 4 of the Act;

IT IS ORDERED THAT

1. There is insufficient evidence to support a finding that a violation of Section 4 of the Act has occurred; and

2.  This matter is hereby dismissed.

DATED at Charlottetown, Prince Edward Island, this 25th day of November, 2002.

BY THE COMMISSION:

Ginger Breedon, Chair

Norman Gallant, Commissioner

Kathy Kennedy, 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 13.(1) and 13(2) of the 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.