On February 9, 2018 the Commission
received a Notice of Appeal from a lessee, Candice Turner (the "Appellant"),
requesting an appeal of Order LD18-027 dated January 24, 2018 issued by the
Director of Residential Rental Property (the "Director").
By way of background, on January 12,
2018, a lessor, Nicolas MacLean Holdings Inc. (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 to authorize the termination of the rental agreement and 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 December 8, 2017.
The matter was heard by the Director
on January 22, 2018 and in Order LD18-027 the Director ordered:
"IT IS THEREFORE
1. 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 January 31, 2018."
The Commission heard the appeal on
February 16, 2018. The Appellant
was not present. The Respondent
was represented by Cody MacDonald ("Mr. MacDonald").
On the morning of the hearing the
Appellant advised Commission staff via telephone that she was likely to be
late for the hearing. The
Commission delayed the commencement of the hearing for over one hour and
instructed Commission staff to attempt to further contact the Appellant by
telephone and email. The
Appellant did not respond to these attempts to contact her while the
Commission was waiting.
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 have been made.
Accordingly, the Commission finds that the Appellant has abandoned
her appeal and thus Director's Order LD18-027 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 LD18-027 remains in full
force and effect.
at Charlottetown, Prince Edward Island,
this 16th day of
John Broderick, Commissioner
M. Douglas Clow, Vice-Chair
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.