LR97-7

Appeal · eviction. Outcome: dismissed.

Linked prior order: LD97-118

Order text

Order LR97-07 - A-013-97 - Rental Appeal - Adele Kazmark v. G. Stewart MacKay Real Estate (Aug 13, 1997) Docket A-013-97 Order LR97-7 IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act , by Adele Kazmark (the Lessee) against Order No. LD97-118 of the Director of Residential Rental Property dated July 15, 1997. BEFORE THE COMMISSION on Wednesday, the 13th day of August, 1997. Linda Webber, Chair Emmett Kelly, Commissioner Anne McPhee, Commissioner Order WHEREAS Adele Kazmark (the Appellant) appealed to the Island Regulatory and Appeals Commission (the Commission), in written notice dated August 4, 1997, against a decision of the Director of Residential Rental Property; AND WHEREAS the Commission heard the appeal in Charlottetown on August 13, 1997; AND WHEREAS the Commission issued an oral decision; FOR THE REASONS given at the hearing; IT IS ORDERED THAT the appeal is dismissed. IT IS FURTHER ORDERED THAT 1. The decision of the Director is confirmed; 2. The Notice of Termination is valid; and 3. The rental agreement is terminated as of July 13, 1997. DATED at Charlottetown, Prince Edward Island, this 13th day of August, 1997. BY THE COMMISSION: Linda Webber, Chair Emmett Kelly, Commissioner Anne McPhee, 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.