On August 4, 2017 the Commission
received a Notice of Appeal from a lessor, Chris Higgins (the "Appellant")
requesting an appeal of Order LD17-174 dated July 18, 2017 issued by the
Director of Residential Rental Property (the "Director").
By way of background, on June 13,
2017, a lessee, Lisa Hughes (the "Respondent"), filed with the Director a
Form 6 - Application by Lessee to Set Aside Notice of Termination to which
was attached a Form 4 - Notice of Termination by Lessor of Rental Agreement
dated June 6, 2017.
The matter was heard by the Director
on June 28, 2017 and in Order LD17-174 the Director ordered:
"IT IS THEREFORE
The lessee's application
to Set Aside the Notice of Termination by Lessor of Rental Agreement
(Form 6) dated June 13, 2017 is allowed and the rental agreement shall
continue to be in effect."
The Commission heard the appeal on
August 30, 2017. Both the
Appellant and Respondent were present.
Donald MacAusland, Daniel Turnbull and Sydney Tuplin testified for
the Appellant. Scott Ryan
testified for the Respondent.
The Appellant testified with respect
to the matter and called his three witnesses to support his position.
The Appellant submitted that Scott Ryan ("Mr. Ryan") was prohibited
and barred from the residential premises and the rental agreement should be
terminated as the Respondent allowed Mr. Ryan to access her unit within the
The Respondent acknowledged that Mr.
Ryan resides in the unit on a part-time basis.
The Respondent called Mr. Ryan as a witness to support her position.
After having reviewed the documents,
evidence and submissions provided by the parties, the Commission agrees with
the findings and determination made by the Director.
Accordingly, the Commission upholds Director's Order LD17-174 in its
pursuant to the
Island Regulatory and Appeals Commission
Act and the
Rental of Residential Property Act;
IT IS ORDERED THAT
The appeal is denied.
Director's Order LD17-174
is hereby confirmed.
at Charlottetown, Prince Edward Island,
this 31st day of August, 2017.
M. Douglas Clow,
Jean Tingley, Commissioner
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.