Order LR99-07 - A-005-99 - Rental Appeal - John Wheatley v. Wendell G. Barbour (Sep. 21/99)

Docket A-005-99
Order LR99-7

IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by John Wheatley against Order LD99-096 of the Director of Residential Rental Property, dated July 23, 1999.

BEFORE THE COMMISSION

on Tuesday, the 21st day of September, 1999.

Wayne D. Cheverie, Q.C., Chair
James Carragher, Commissioner
Norman Gallant, Commissioner

Order

UPON the appeal by John Wheatley against Order LD99-096 of the Director of Residential Rental Property, dated July 23, 1999;

AND UPON hearing Counsel for the Appellant in support of the motion to defer jurisdiction to the Supreme Court of Prince Edward Island;

AND UPON hearing Counsel for the Respondent herein, Wendell G. Barbour, in opposition to the motion to defer jurisdiction to the Supreme Court of Prince Edward Island;

AND UPON it appearing to the Commission that the primary issue before the Commission—whether there exists a rental agreement between the Appellant and Respondent herein—is identical to one of the main issues currently before the Supreme Court of Prince Edward Island;

AND UPON it further appearing to the Commission, after full consideration of all the submissions by Counsel as well as the case law referred to, that the concurrent jurisdiction in this matter ought better be exercised by the Supreme Court of Prince Edward Island prior to any further action in this matter on the part of the Commission;

IT IS THEREFORE ORDERED THAT

1. the Commission hereby defers any further action in this matter pending disposition of the question of whether a rental agreement exists between the Appellant and Respondent herein by the Supreme Court of Prince Edward Island.

DATED at Charlottetown, Prince Edward Island, this 21st day of September, 1999.

BY THE COMMISSION:

Wayne D. Cheverie, Q.C., Chair
James Carragher, Commissioner
Norman Gallant, 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.