Docket A-010-01
Order LR01-09
IN
THE MATTER
of an appeal,
under Section 25 of the
Rental of Residential Property Act, by
Beverley Gauthier against Order No. 01-148 of the Director of Residential Rental Property dated
July 24, 2001.
BEFORE THE COMMISSION
on Thursday, the 16th day of August, 2001.
Ginger Breedon, Vice-Chair
Maurice Rodgerson, Commissioner
Order
WHEREAS the Commission received from Beverley Gauthier a Notice of Appeal (Form 17)
and the accompanying handwritten statement dated August 14, 2001.
AND WHEREAS the notice seeks to appeal a decision of the Director of Residential Rental
Property, Order 01-148, dated July 24, 2001 involving a rental unit at 177
Euston Street;
AND WHEREAS
the Commission reviewed the Notice of Appeal and the original order;
AND WHEREAS the original order states the lessee (Gauthier) did not attend and was not
represented at the original hearing;
AND WHEREAS
this statement has not been disputed in the appeal information;
AND WHEREAS the Commission is a creature of statue and must operate within the legislation
as it is written;
AND WHEREAS
Section 25(1) of the Rental of
Residential Property Act states: "Any party to a decision or order
of the Director, if the party has appeared or been represented at the hearing
before the Director, may appeal therefrom by serving on the Commission,
within twenty days after receipt of the receipt of the decision or order of the
Director, a notice of appeal in the form prescribed by regulation."
[emphasis added]
AND WHEREAS
the Commission has no authority to waive
the provisions of the Act;
NOW THEREFORE IT IS ORDERED THAT
as the lessee did not attend, and was not
represented at the original hearing before the Director of Residential Rental
Property, the Appeal cannot be heard and the Order 01-148 stands.
DATED
at Charlottetown, Prince Edward Island, this 16th day of August, 2001.
BY THE COMMISSION:
Ginger Breedon,
Vice-Chair
Maurice
Rodgerson, 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.