LR13-10

Tenant appeal · other. Outcome: outcome pending review.

Linked prior order: LD13-188

Order text

Order LR13-10 - Rental Appeal - Docket LR13011 - Nanci Paquet v Director of Residential Rental Property Docket LR13011 Order LR13-10 IN THE MATTER of an appeal under Section 25 of the Rental of Residential Property Act by Nanci Paquet against Order LD13-188 dated July 3, 2013 and Order LD13-193 dated July 8, 2013 issued by the Director of Residential Rental Property. BEFORE THE COMMISSION on Thursday, the 11th day of July, 2013. Maurice Rodgerson, Chair John Broderick, Acting Vice-Chair Order On July 10, 2013 the Commission received a Notice of Appeal dated the same date from a lessee, Nanci Paquet (the Appellant) requesting an appeal of Order LD13-188 dated July 3, 2013 and Order LD13-193 dated July 8, 2013, said Orders issued by the Director of Residential Rental Property (the Director). The matter was initially heard by the Director on July 2, 2013. In Order LD13-188 it states, in part: " AND WHEREAS a Notice of Hearing dated June 24, 2013 was sent to the lessor and the lessee advising them of a hearing scheduled for July 2, 2013 regarding the lessor's application. AND WHEREAS a hearing was held on this matter on July 2, 2013...The lessee did not attend nor did she contact the Officer to advise that she would not be attending the hearing. The hearing proceeded in the absence of the lessee." Subsections 25(1), 25(3) and 33(3) of the Rental of Residential Property Act R.S.P.E.I. 1988, Cap. R-13.1 (the Act ) read as follows: 25. (1) 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. (3) Where an appeal is not made under subsection (1), the parties are deemed to have accepted the decision of the Director and the decision is final. 1988,c.58,s.25; 1990,c.53,s.7; 1991,c.34,s.1,2; 1991,c.18,s.22 {eff.} Nov. 4/91 . 33. (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. 1988,c.58,s.33; 1991,c.18,s.22 {eff.} Nov. 4/91. Emphasis added. The Commission has disallowed the Appellant's Notice of Appeal as the Appellant did not appear or have a representative at the hearing before the Director. The Commission does not have the authority to waive a requirement of the Act . NOW THEREFORE , pursuant to the Island Regulatory and Appeals Commission Act and the Rental of Residential Property Act ; IT IS ORDERED THAT 1. The July 10, 2013 Notice of Appeal filed by Nanci Paquet is hereby disallowed. Therefore, Orders LD13-188 and LD13-193 issued by the Director remain in full force and effect. DATED at Charlottetown, Prince Edward Island, the 11th day of July, 2013. BY THE COMMISSION : Maurice Rodgerson, Chair John Broderick, Acting 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. NOTICE: IRAC File Retention In accordance with the Commission's Records Retention and Disposition Schedule, the material contained in the official file regarding this matter will be retained by the Commission for a period of 2 years.