LR08-01

Appeal · other. Outcome: outcome pending review.

Linked prior order: LD07-278

Order text

Order LR08-01 - Rental Appeal - Docket LR07017 - Jill Huntley and Shauna Breau v. Director of Residential Rental Property Docket LR07017 Order LR08-01 IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act , by Jill Huntley and Shauna Breau against Order No. LD07-278 of the Director of Residential Rental Property, dated November 29, 2007. BEFORE THE COMMISSION on Monday, the 21st day of January, 2007. Maurice Rodgerson, Chair Ernest Arsenault, Commissioner Anne Petley, Commissioner Order On December 5, 2007, the Commission received a Notice of Appeal filed by Jill Huntley and Shauna Breau (the Appellants). The Appellants appealed Order No. LD07-278 issued by the Office of the Director of Residential Rental Property on November 29, 2007. On December 10, 2007, Commission staff mailed a Notice of Appeal Hearing to the Appellants at the address noted on their Notice of Appeal. A Notice of Appeal Hearing was also mailed to Burns Avenue Investments Inc. (the Respondent). The Notice of Appeal Hearing stated in part: TAKE NOTICE that a hearing into the attached appeal will be held by The Island Regulatory and Appeals Commission on Friday, January 4, 2008 at the National Bank Tower, 5th Floor, 134 Kent Street, Charlottetown, P.E.I., at 9:30 a.m . At 9:30 a.m. on January 4, 2008 the Appellants were not present in the hearing room. Commission staff checked with the Commission's receptionist to see if any messages had been received from the Appellants. No such messages were received. The Commission waited a further fifteen minutes before commencing the hearing. The Commission finds that the onus lies on the Appellants to pursue their appeal. The Appellants were informed of the date, time and location of the appeal hearing approximately three weeks before the hearing date. At no time prior to the hearing did the Appellants contact the Commission to advise that they could not attend, or would be late for their hearing. The Appellants did not file a letter or written submissions putting forward their position and they did not request that the appeal be held in their absence. For the above reasons, the Commission finds that the Appellants abandoned their appeal, and accordingly, this appeal is hereby dismissed. Accordingly, Order No. LD07-278 issued by the Office of the Director of Residential Rental Property on November 29, 2007 remains in full force and effect. NOW THEREFORE , pursuant to the Island Regulatory and Appeals Commission Act and the Rental of Residential Property Ac t: IT IS ORDERED THAT 1. The appeal is hereby dismissed. 2. Order LD07-278 issued by the Office of the Director of Residential Rental Property on November 29, 2007 remains in full force and effect. DATED at Charlottetown, Prince Edward Island, this 21st day of January, 2008. BY THE COMMISSION : Maurice Rodgerson, Chair Ernest Arsenault, Commissioner Anne Petley, 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.