On October 13, 2017, the Commission received a Notice
of Appeal from two lessees, Alicia MacArthur and Jarred Dingwell (the
"Appellants") requesting an appeal of Order LD17-235 dated October 10, 2017
issued by the Director of Residential Rental Property (the "Director").
By way of background, on September 1, 2017 the
Appellants filed with the Director an Application by Lessee to Set Aside a
Notice of Termination. Attached
to the application was a Form 4 - Notice of Termination by Lessor of Rental
Agreement dated August 23, 2017 and signed by a lessor, Killam Apartment
REIT (the "Respondent").
The matter was heard by the Director on September 18,
2017. The Respondent's
representative was present; however, the Appellants did not appear, or have
a representative, at the hearing.
On September 25, 2017 the Director issued Order
LD17-222 which stated:
"IT IS THEREFORE ORDERED THAT
1. The lessee's application to set aside the
Notice of Termination by Lessor of Rental Agreement (Form 6) is dismissed.
2.The Notice of Termination (Form 4) dated August
23, 2017 is valid however, the effective date is varied to September 29,
The rental agreement is terminated as of September 29, 2017 and
the lessee and all other occupants shall vacate the premises on or before
September 29, 2017."
On September 28, 2017 the Appellants appealed
Director's Order LD17-222 to the Commission.
The Commission disallowed the Appellants' Notice of
Appeal as the Appellants did not appear, or have a representative, at the
hearing before the Director and in Order LD17-17 stated:
"NOW THEREFORE, pursuant to the
Island Regulatory and Appeals Commission Act and the
Rental of Residential Property Act:
IT IS ORDERED THAT
1. The September 28, 2017 Notice of Appeal filed
by Alicia MacArthur and Jarred Dingwell is hereby disallowed.
Therefore, Order LD17-222 issued by the Director remains in full
force and effect."
On October 2, 2017, the Respondent, pursuant to Section
6.10 of the
Act, requesting an Order that possession of
the residential premises be surrendered to the Respondent and directing the
Sheriff to put the Respondent in possession.
Included with the application was a copy of Director's Order
The Director heard the matter on October 10, 2017 and
in Order LD17-235 stated that:
"IT IS ORDERED THAT
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 on Monday, October 16, 2017 at 2:00 p.m."
On October 13, 2017 the Appellants appealed Director's
Order LD17-235 to the Commission.
The matter was heard by the Commission on October 18,
2017. The Appellant Jarred
Dingwell ("Mr. Dingwell") was present.
The Respondent was represented by Wayne Beaton ("Mr. Beaton").
Mr. Dingwell testified that the rent for the apartment
is paid in full for the month of October 2017.
He stated that the Appellants are looking for another apartment but
the earliest availability for another apartment would be November 1, 2017.
He requested that the Commission vary the date for delivery of
Mr. Beaton advised that given that rent was paid in
full for the month of October 2017 that the Respondent would be prepared to
allow the Appellants to stay until the end of October.
Given the agreement between the parties, the Commission
varies the date for delivery of possession to November 1, 2017 at 9:00 a.m.
In all other respects, Director's Order LD17-235 is confirmed.
However, in the event of extenuating circumstances, the Respondent
may apply to the Commission for a re-consideration of the date for delivery
pursuant to the
Island Regulatory and Appeals Commission
Act and the
Rental of Residential Property Act;
IT IS ORDERED THAT
Possession of the residential premises be surrendered
to the Respondent lessor and the Sheriff is directed to put the lessor
in possession of the residential premises on Wednesday, November 1, 2017
at 9:00 a.m.
In the event of extenuating circumstances, the
Respondent lessor may apply to the Commission for a re-consideration of
the date for delivery of possession.
In all other respects, Director's Order LD17-235
at Charlottetown, Prince Edward Island,
this 18th 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.