LR22-68

Appeal · eviction. Outcome: dismissed. The appeal is dismissed and Director’s Order LD22-420 is confirmed. The Issue Did the Director correctly determine that the Notice of Termination dated October 19, 2022 is valid?

Linked prior order: LD22-420

Order text

Docket LR22071 – Patrick McGee v. JC Property Management Monday, December 12, 2022 Docket: LR22071
Order: LR22-68
BEFORE THE COMMISSION ON Monday, December 12, 2022 Panel Chair - Erin T. Mitchell, Commissioner
M. Douglas Clow, Vice-Chair
Hearing Date: Monday, December 12, 2022
ORDER
IN THE MATTER of an appeal, under section 25 of the Rental of Residential Property Act (the “Act”), filed by Patrick McGee against Order LD22-420 issued by the Director of Residential Rental Property and dated November 24, 2022.
Compared and Certified a True Copy
(Sgd.) Susan Jefferson Commission Administrator Corporate Services and Appeals

Orders of The Island Regulatory and Appeals Commission Order LR22-68 - Page 2 Docket LR22071 – Patrick McGee v. JC Property Management Monday, December 12, 2022 This appeal asks the Commission to determine whether the Director of Residential Rental Property (the “Director”) erred in finding that an eviction notice was valid.
BACKGROUND
Patrick McGee (“Mr. McGee”) entered into a written fixed term rental agreement for premises located at 27 Elena Court, Apartment 10B, Charlottetown, PE (the “Premises”) with JC Property Management (the “Landlord”). Rent for the Premises is $1,228 per month with a security deposit paid in the amount of $800.
On October 19, 2022, Mr. McGee was served with a notice of termination for breaches of s.14(1)(e) of the Act (the “First Form 4”). The effective date of the First Form 4 was November 18, 2022.
On October 28, 2022, Mr. McGee filed with the Director a set aside application (“Form 6”).
On November 3, 2022, Mr. McGee was served with another termination notice for nonpayment of rent in the amount of $2,456.00 (the “Second Form 4”). The effective date of the Second Form 4 was November 23, 2022.
On November 14, 2022, Mr. McGee filed with the Director a set aside application (the “Second Form 6”).
In Order LD22-420 dated November 24, 2022, the Director found that the First Form 4 was valid and ordered that the rental agreement between the parties be terminated and Mr. McGee must vacate the Premises by 11:59 p.m. on November 30, 2022. The Director made no finding with respect to the Second Form 4.
Mr. McGee appealed.
The Commission heard the appeal by way of telephone conference call on December 12,
2022. Mr. McGee participated. Cody MacDonald (“Mr. MacDonald”), the Landlord’s
representative, also participated.
Disposition
The appeal is dismissed and Director’s Order LD22-420 is confirmed.
The Issue Did the Director correctly determine that the Notice of Termination dated October 19, 2022 is valid?
Analysis
Mr. McGee testified that he is trying to find a new place to live but rental housing is in short supply. He would like to be able to stay until the end of December.
Mr. MacDonald stated that this matter has gone on long enough and thus he requests that the Director’s Order be confirmed.

Orders of The Island Regulatory and Appeals Commission Order LR22-68 - Page 3 Docket LR22071 – Patrick McGee v. JC Property Management Monday, December 12, 2022 The circumstances provide strong support for a termination of the rental agreement pursuant to s.14(1)(e) of the Act. Accordingly, the Commission confirms Director’s Order
LD22-420.
NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the Rental of Residential Property Act;
IT IS ORDERED THAT
1. The appeal is dismissed.
2. Order LD22-420 is confirmed.
DATED at Charlottetown, Prince Edward Island, Monday, December 12, 2022.
BY THE COMMISSION:
(sgd. Erin T. Mitchell)

Panel Chair - Erin T. Mitchell, Commissioner
(sgd. M. Douglas Clow)

M. Douglas Clow, Vice-Chair
NOTICE
Subsections 26(2), 26(3), 26(4) and 26(5) of the Rental of Residential Property Act provides 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.