Order LR99-02 - A-013-98 - Rental Appeal - Craig Laidlaw v. Slemon Park Corporation (Jan. 11/99)

Docket A-013-98
Order LR99-02

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Craig Laidlaw (the Lessee) against Order No. LD98-221 of the Director of Residential Rental Property dated December 9, 1998.

BEFORE THE COMMISSION

on Monday, the 11th day of January, 1999.

Ginger Breedon, Vice-Chair
Norman Gallant, Commissioner
James Carragher, Commissioner

Order

Participants

1. Appellant:     Craig Laidlaw (the Lessee)

2. Respondent:    Slemon Park Corporation (the Lessor)

Agent: Barb Poirier
Representative: Paul Matheson

Reasons for Order

1. Introduction

Craig Laidlaw (the Lessee) is appealing Order LD98-221 of the Director of Residential Rental Property issued by Shayne Hogan, Residential Rental Property Officer on December 9, 1998. Mr. Laidlaw's notice of appeal is dated December 30, 1998.

The Commission heard the appeal on January 8, 1999 at the Commission's offices in Charlottetown, Prince Edward Island. Craig Laidlaw the Lessee and Barb Poirier and Paul Matheson on behalf of the Lessor, Slemon Park Corporation, were present at the hearing.

2. Decision

After reviewing all the evidence presented by way of documentation and testimony, and upon reviewing the Rental of Residential Property Act and its application to the facts, the Commission concludes for the reasons given at the hearing that the appeal must be denied. In arriving at this conclusion, the Commission confirms the overall direction of the decision of the Director of Residential Rental Property, with variances as agreed to by the Lessee and Lessor. The Commission also issued an oral order providing direction to the parties.

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Craig Laidlaw (the Lessee) against Order No. LD98-221 of the Director of Residential Rental Property dated December 9, 1998.

Order
(as issued orally at the hearing)

WHEREAS Craig Laidlaw (the Appellant) appealed to the Island Regulatory and Appeals Commission (the Commission), in written notice dated December 30, 1998, against a decision of the Director of Residential Rental Property;

AND WHEREAS the Commission heard the appeal in Charlottetown on January 8, 1999;

AND WHEREAS the Commission issued an oral decision and order;

FOR THE REASONS given at the hearing;

IT IS ORDERED THAT

1.    The appeal is denied and the overall direction of the Order of the Director of Residential Rental Property is confirmed with the following variances.

2.    The Lessee shall pay the Lessor the remaining rent of $338.80 for the month of December 1998 and the rent of $500.00 for the month of January 1999, a total of $838.80, in cash on or before 4:30 p.m. Atlantic Standard Time, January 12, 1999.

3.    If the Lessee does not make the payment as required in "2" above, the Lessee shall surrender possession of the residential rental premises to the Lessor on or before midnight, January 15, 1999 and, if he does not, the sheriff is directed to put the Lessor in possession immediately thereafter.

4.    Additionally, if the Lessee does not make the payment as required in "2" above, the Lessee shall pay the Lessor the remaining rent owing for the month of December 1998 of $338.80 and the rent owing for those days the Lessee occupies the residential rental premises in January 1999 at the daily rate of $16.13 ($500 per month divided by 31 days).

5.    If the Lessee does make the payment as required in "2" above, the Lessee shall surrender possession of the residential rental premises to the Lessor by midnight, January 31, 1999 and, if he does not, the sheriff is directed to put the Lessor in possession immediately thereafter.

6.    This Order has effect as of January 8, 1999.

DATED at Charlottetown, Prince Edward Island, this 11th day of January, 1999.

BY THE COMMISSION:

Ginger Breedon, Vice-Chair
Norman Gallant, Commissioner
James Carragher, 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.