LR95-3

Appeal · other. Outcome: dismissed.

Linked prior order: LD95-037

Order text

Order LR95-03 - A-003-95 - Rental Appeal - Valmore & Irene Arsenault v. Pauline Bernard & John Doyle (Mar 23, 1995) Docket A-003-95 Order LR95-3 IN THE MATTER of the Rental of Residential Property Act , R.S.P.E.I. 1988, C. R 13.1, and IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act , by Valmore and Irene Arsenault (the Lessor) against Order No. LD95-037 of the Director of Residential Property dated February 7, 1995. Thursday, March 23, 1995 Linda Webber, Chair John L. Blakney, Vice-Chair Decision The Commission has reviewed the appeal filed by the Lessors on February 22, 1995. Since neither they nor the Lessees chose to appear at the hearing or file any additional documentation, all we had before us were the documents on file with the Director when he made his decision. The reason for the appeal is given as: The order indicates lessees as at November 10, 1993, to be John and Pauline Doyle. This information is not correct - per Form 2. The lessees were Pauline Bernard and John P. Doyle and lessor was Valmore J. and Irene Arsenault on the date of November 10/93. We note that Form 2, Application for Enforcement of Statutory or Other Conditions of Rental Agreement dated December 7, 1994 is signed "P Doyle, John P. Doyle". The Lessor's letter to Boyde White of January 18, 1995 refers to "John Doyle and Pauline Doyle" and "Mr. & Mrs. John Doyle" throughout. The Lessor gave the Commission a copy of the Lessor's letter dated November 24, 1994 to "John P. & Pauline Doyle". All the evidence before us indicates the lessees are John and Pauline Doyle. For the above reasons, the appeal is dismissed. IN THE MATTER of the Rental of Residential Property Act , R.S.P.E.I. 1988, C. R 13.1, and IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act , by Valmore and Irene Arsenault (the Lessor) against Order No. LD95-037 of the Director of Residential Property dated February 7, 1995. Order WHEREAS Valmore and Irene Arsenault filed an appeal against a decision of the Director of Residential Rental Property dated February 22, 1995; AND WHEREAS The Island Regulatory and Appeals Commission reviewed the appeal on March 22, 1995; NOW THEREFORE , for the reasons given in the annexed Decision, IT IS ORDERED THAT 1. The appeal is dismissed; 2. The Order of the Director is affirmed; and 3. The Lessor pay the sum of $81.00 to the Lessees on or before April 7, 1995. DATED at Charlottetown, Prince Edward Island, this 23rd day of March, 1995. BY THE COMMISSION: Linda Webber, Chair John L. Blakney, Vice-Chair NOTICE Sections 13.(1) and 13.(2) of the Island Regulatory and Appeals Commission Act provide as follows: 13.(1) An appeal lies from a decision or order of the Commission to the Appeal Division of the Supreme Court upon a question of law or jurisdiction. (2) The appeal shall be made by filing a notice of appeal in the Supreme Court within twenty days after the decision or order appealed from and the Civil Procedure Rules respecting appeals apply with the necessary changes.