Docket LA99009
IN THE MATTER of a Request for Review of Commission Order LA00-04 by George R. Schurman.
Order LA00-05BEFORE THE COMMISSION
on Tuesday, the 11th day of April, 2000.
Ginger Breedon, Vice-Chair
Mary Burge, Commissioner
Norman Gallant, Commissioner
Order
WHEREAS the Commission issued Order LA00-04 on February 18, 2000 dismissing appeals filed by George R. Schurman, Rick Roberts and Kevin W. Murphy;
AND WHEREAS Appellant Schurman filed a submission with the Commission, dated March 3, 2000 requesting the Commission review Order LA00-04;
AND WHEREAS this request was made pursuant to Section 12 of the Island Regulatory and Appeals Commission Act, R.S.P.E.I. 1988, Cap. I-11;
AND WHEREAS Section 12 states: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.
AND WHEREAS the Appellant's submission was sent to the Minister of Community Services and Attorney General and to Catherine McKinnon, the developer, for consideration;
AND WHEREAS Catherine McKinnon filed a response with the Commission on March 31, 2000. No response was received from the Minister;
AND WHEREAS the Commission has considered in the past the minimum criteria an Applicant must meet before the Commission will exercise its absolute discretion in the matter of reviewing its decisions under Section 12 of the Island Regulatory and Appeals Commission Act. This test has been interpreted consistently by the Commission in its past decisions;
AND WHEREAS as noted in previous decisions of the Commission, the onus rests upon the Applicant to show that a prima facie case exists or that evidence exists which is sufficient to entitle the Applicant to a review. A prima facie case will be shown only where the function of review should be exercised to correct an error of the Commission or to meet changed circumstances;
AND WHEREAS changed circumstances may encompass either a situation which has developed after the decision or where new evidence emerges which was not known or not available at the time the original evidence was adduced. Changed circumstances will dictate a review only if they are material;
AND WHEREAS the Commission has considered the Request for Review filed by Appellant Schurman on March 3, 2000;
AND WHEREAS the Commission finds the issues raised in the Appellant's Request for Review are restatements of issues which were substantially discussed by all parties during the original appeal hearing, and subsequently considered by the Commission in issuing Order LA00-04;
AND WHEREAS the Commission does not believe that the Appellant has advanced new evidence or established that there has been any significant change of circumstances, or raised any procedural deficiency or breach of the rules of natural justice on the appeal hearing, or raised any other matter which would justify a review;
NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the Planning Act:
IT IS ORDERED THAT
1. The Commission denies the Appellant's Request for Review.
DATED at Charlottetown, Prince Edward Island, this 11th day of April, 2000.
BY THE COMMISSION:
Ginger Breedon, Vice-Chair
Mary Burge, Commissioner
Norman Gallant, Commissioner
Notice
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.
