On August 31, 2017 the Commission
received a Notice of Appeal from a lessee, Shelley Nicholson (the
"Appellant"), requesting an appeal of Order LD17-194 dated August 9, 2017
issued by the Director of Residential Rental Property (the "Director").
By way of background, on July 26,
2017, a lessor, A & M Rentals (the "Respondent") filed with the Director a
Form 2 - Application for Enforcement of Statutory or Other Conditions of
Rental Agreement seeking remedy by way of
an Order that possession of the residential premises be surrendered
to the lessor and directing the Sheriff to put the lessor in possession.
Attached to the Form 2 was a Form 4 - Notice of Termination by Lessor
of Rental Agreement dated July 5, 2017.
The matter was heard by the Director
on August 9, 2017 and in Order LD17-194 the Director ordered:
"IT IS THEREFORE
Possession of the
residential premises be surrendered to the lessor and the Sheriff is
directed to put the lessor in possession of the residential premises at
2:00 PM on Thursday, August 17, 2017."
The Commission heard the appeal on
September 8, 2017. The Appellant
was not present. The Respondent
was represented by Joe Gallant ("Mr. Gallant").
As the Appellant was not present at
the hearing, the Commission Administrator noted on the hearing record the
efforts of Commission staff to contact the Appellant in order to inform her
of the date, time and location of the hearing, as well as provide her with
all associated documentation.
The Commission is satisfied that all
reasonable efforts to contact the Appellant had been made.
Accordingly, the Commission finds that the Appellant has abandoned
her appeal and thus Director's Order LD17-194 remains in full force and
pursuant to the
Island Regulatory and Appeals Commission
Act and the
Rental of Residential Property Act;
IT IS ORDERED THAT
The appeal has been abandoned by the Appellant.
Director's Order LD17-194 remains in full force and effect.
at Charlottetown, Prince Edward Island,
this 8th day of
John Broderick, Commissioner
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.