Docket LT98009
Order LT99-02

IN THE MATTER of a Request for Review by Margaret C. MacKay of Commission Order LT99-01.

BEFORE THE COMMISSION

on Friday, the 9th day of July, 1999.

Ginger Breedon
Arthur Hudson
James Carragher

Order

Contents

Appearances & Witnesses

Reasons for Order

1. Introduction

2. Findings

3. Disposition

Order

Appearances & Witnesses

Written submissions were filed by:

1. For the Appellant

Margaret C. MacKay

2. For the Respondent

Kevin Dingwell

Reasons for Order

1. Introduction

This is a Request for Review of Commission Order LA99-01 pursuant to Section 12 of the Island Regulatory and Appeals Commission Act, R.S.P.E.I. 1988, Cap. I-11, by Margaret C. MacKay (the Appellant).

The initial appeal was filed under Section 22(1) of the Real Property Assessment Act, R.S.P.E.I. 1988, Cap. R-4, (the Act), by Margaret C. MacKay (the Appellant) against a decision by the Provincial Treasurer (the Respondent) with respect to the 1998 assessment of Provincial Property Number 1501642-000. The amount of assessment being appealed is $7,000.

The Commission heard this appeal on April 20, 1999 and rendered Order LT99-01 on April 30, 1999.

By letter dated June 13, 1999 and received by the Commission on June 14, 1999, the Appellant requested the Commission review its decision.

This request was submitted to the Provincial Treasurer for comments. Comments were received on behalf of the Provincial Treasurer on July 8, 1999.

2. Findings

The Commission is of the opinion that, as a matter of law and practicality, minimum criteria must be satisfied before the Commission will proceed with a review under section 12 of the Island Regulatory and Appeals Commission Act. As we have stated in previous decisions, the power to review is a discretionary and unusual one which should be exercised with care. The Commission also holds that the onus is on the applicant, in this case Margaret C. MacKay, to satisfy the Commission that a prima facie case for review exists in the particular circumstance of any case.

The Commission is of the opinion that its powers to review should be exercised only to correct an error by the Commission or to meet changed circumstances. Changed circumstances may encompass either a situation which has developed after the decision or where new evidence emerges which was not known or available at the time the original evidence was adduced. Changed circumstances will dictate a review only if they are material.

The Commission has considered the Request for Review filed by Margaret C. MacKay and the submission of the Provincial Treasurer.

The Commission finds the issues raised in Ms. MacKay's Request for Review are restatements of issues which were discussed or could have been discussed by all parties during the original appeal hearing. Ms. MacKay has advanced no new evidence nor has she suggested that there has been any significant change of circumstances which would justify a review. Furthermore, the Commission is satisfied that the hearing followed appropriate procedures for administrative tribunals and the rules of natural justice.

3. Disposition

The Commission does not believe there are sufficient grounds in this case to support a review. Accordingly, the Commission denies the Appellant's Request for Review.

IN THE MATTER of a Request for Review by Margaret C. MacKay of Commission Order LT99-01.

Order

WHEREAS Margaret C. MacKay (the Appellant) has requested the Commission review its decision Order LT99-01;

AND WHEREAS the Commission has considered the Appellant's submission in addition to a submission from the Provincial Treasurer on this matter;

AND WHEREAS the Commission has issued its findings in this matter in accordance with the Reasons for Order issued with this Order;

NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the Real Property Assessment Act

IT IS ORDERED THAT

1. The request for review of Commission Order LT99-01 is denied.

DATED at Charlottetown, Prince Edward Island, this 9th day of July, 1999.

BY THE COMMISSION:

Ginger Breedon
Arthur Hudson
James Carragher

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.