LR04-04

Landlord appeal · other. Outcome: outcome pending review.

Linked prior order: LD03-293

Order text

Order LR04-04 - Rental Appeal - A-005-04 Re: Lynn Trainor v. Director of Residential Rental Property (Order LD03-293) Docket A-005-04 Order LR04-04 IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act , by Lynn Trainor against Order LD03-293 of the Director of Residential Rental Property dated December 15, 2003. BEFORE THE COMMISSION on Thursday, the 11th day of March, 2004. Weston Rose, Commissioner Brian J. McKenna, Vice-Chair Order WHEREAS the Commission received on March 9, 2004 a Notice of Appeal filed by Lynn Trainor (the Appellant/Lessor); AND WHEREAS the Commission has reviewed the Notice of Appeal and the original order; AND WHEREAS a letter dated October 27, 2003 had been sent to the Appellant enclosing a copy of the Lessee's application filed by the Lessee pursuant to section 8(d.1) of the Rental of Residential Property Act , R.S.P.E.I. 1988, Cap. R-13.1, as amended; AND WHEREAS the Residential Rental Property Officer followed the requirements of the Act in issuing the Notice of Hearing, said Notice dated December 5, 2003; AND WHEREAS a hearing was held by the Director of Residential Rental Property on December 12, 2003 and Order LD03-293 was issued by said Director on December 15, 2003; AND WHEREAS the Commission is bound by the Act and must operate within said legislation as it is written; AND WHEREAS section 25(1) of the Act reads as follows: 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 decision or order of the Director, a notice of appeal in the form prescribed by regulation. [emphasis added] AND WHEREAS section 33(3) of the Act reads as follows: (3) Where a document is delivered by ordinary mail, it is deemed to have been delivered on the third day after the date of mailing. AND WHEREAS the Appellant did not appear before the Director and was not represented at the hearing; AND WHEREAS the appeal was filed eighty-five days after the appeal was issued; AND WHEREAS the Commission has no jurisdiction to waive the provisions of the Act and extend the appeal period; NOW THEREFORE IT IS ORDERED THAT as the Appellant did not attend, and was not represented at the original hearing before the Director of Residential Rental Property, and further, that the Appellant did not file the appeal within the appeal period established under section 25(1) of the Act , the Appeal cannot be heard and Order LD03-293, issued by the Director of Residential Rental Property on December 15, 2003, hereby stands. DATED at Charlottetown, Prince Edward Island, this 11th day of March, 2004. BY THE COMMISSION : Weston Rose, Commissioner Brian J. McKenna, Vice-Chair 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.