On June 3, 2019 the Commission
received a Notice of Appeal from a lessee, Tonya Llewellyn (the
"Appellant"), requesting an appeal of Order LD19-192 dated May 15, 2019
issued by the Director of Residential Rental Property (the "Director").
By way of background, on April 25,
2019 the Appellant filed with the Director a Form 6 - Application by Lessee
to Set Aside Notice of Termination.
Attached to the Form 6 was a Form 4 - Notice of Termination by Lessor
of Rental Agreement dated April 22, 2019 signed by Fouad Yammine ("Mr.
Yammine") on behalf of the lessor, Canadian Horizons Inc. (the
The matter was heard by the Director
on May 13, 2019 and in Order LD19-192 the Director ordered:
"IT IS THEREFORE ORDERED THAT
The lessee's Application by
Lessee to Set Aside Notice of Termination (Form 6) dated April 25, 2019
The Notice of Termination by
Lessor of Rental Agreement (Form 4) dated April 22, 2019 for effect May
31, 2019 is valid. However, the officer varies the effective date to
11:59 p.m. on June 30, 2019.
The rental agreement between the
parties shall terminate as of June 30, 2019 and the lessee shall vacate
the premises by 11:59 p.m. on that date.
If the lessee fails to vacate
the premises in accordance with Paragraph 3 of this Order, then the
lessor shall be entitled to apply without further notice to the lessee
for an Order directing the Sheriff to put the lessor in possession of
All other terms and conditions
of the rental agreement, including the payment of rent, shall remain in
The Commission heard the appeal on
June 17, 2019. The Appellant was
present along with Roxanne Llewellyn.
The Respondent was represented by Aldo Di Bacco ("Mr. Di Bacco").
The Appellant testified as to the
circumstances of this matter.
She submitted that the Respondent had not provided the required notice
before entering the premises.
Mr. Di Bacco testified as to the
Respondent's involvement in the matter.
Near the end of the hearing the
Appellant advised that she does not wish to continue living in the
residential premises and has found new premises.
She seeks a few additional days to facilitate moving as the
termination date falls on a Sunday and moving companies are not available.
Mr. Di Bacco consented to the
Appellant's request for an extension of a few days and indicated that the
Respondent would not seek rent for those few extra days.
The appeal is denied and the terms
of Director's Order LD19-192 are confirmed subject to a variation in the
The Commission reminds the parties
of Section 6 of the
Rental of Residential Property Act (the "Act"),
Statutory Condition 6 Entry of Premises which reads:
6. Entry of Premises
Except in the case of an
emergency, the lessor shall not enter the premises without the consent of
the lessee unless the lessor has served written notice stating the date and
time of the entry to the lessee at least twenty-four hours in advance of the
entry and the time stated is between the hours of 9 a.m. and 9 p.m.
The testimony heard by the
Commission and documentation in evidence before the Commission (including
new exhibits filed as part of the appeal process) would have been sufficient
to persuade the Commission to reverse the findings of the Director and allow
the rental agreement to continue.
However, neither party seeks the
continuation of the rental agreement.
The Appellant has found new premises and thus a continuation of the
rental agreement could now be problematic.
The Appellant merely seeks a few additional days to move her
possessions and the Respondent has agreed to this request.
The Commission notes that June 30,
2019 is a Sunday and the following day, July 1, 2019, is Canada Day.
As moving companies would unlikely be available either day and the
Respondent is agreeable to an extension, the Commission varies the
termination of the rental agreement to Thursday July 4, 2019 at 12:00 noon.
pursuant to the
Island Regulatory and Appeals Commission
Act and the
Rental of Residential Property Act
IT IS ORDERED THAT
The appeal is denied.
2. The terms of
Director's Order LD19-192 are confirmed, subject to a variation in the
termination date to Thursday July 4, 2019 at 12:00 noon.
at Charlottetown, Prince Edward Island,
this 18th 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.