Edison Rental Agency v. Date:, 2011 MBCA 14

Citation: Edison Rental Agency v. Date: 20110203 Klippenstein, 2011 MBCA 14 Docket: AI 10-30-07443 IN THE COURT OF APPEAL OF MANITOBA B E T W E E N : ) L. P. Klippenstein EDISON RENTAL AGENCY ) on his own behalf ) (Landlord) Respondent ) J. M. Woolley ) for the Respondent ) ) S. D.

Boyd - and - ) for The Residential ) Tenancies Commission ) ) Chambers motion heard and LARRY PETER KLIPPENSTEIN ) Decision pronounced: ) January 20, 2011 (Tenant) Applicant ) ) Written reasons: ) February 3, 2011 FREEDMAN J.A. 1 The applicant sought leave to appeal an order (the Order) of the Residential Tenancies Commission (the Commission) dated October 1, 2010, in which it ordered an increase in rent for a rental unit in respect of which the applicant is the tenant. 2 The Order was made by the Commission pursuant to s. 123 of The Residential Tenancies Act , C.C.S.M, c. R119 (the Act ).

Section 123 is contained in

Part 9 of the Act . 3

Section 179 of the Act provides: No appeal of rent regulation matter 179 No appeal lies from a decision or order of the commission made in a matter arising under

Part 9. 4 Two other provisions of the Act are relevant: Appeal to Court of Appeal 175(1) Any person who is a party to an appeal in a matter arising under a tenancy agreement, Parts 1 to 8 or The Life Leases Act may, if the person took

part in the hearing, appeal the decision or order of the commission to the Court of Appeal. No review by court 188 Except as provided in this Act , a decision or order of the director or the commission is final and binding and not subject to appeal or review by a court.

5 In Southglen Mobile Home Community v. Closson et al. , 2007 MBCA 16 , 212 Man.R. (2d) 225, Hamilton J.A. said (at para. 12): The Act provides for a right of appeal to this court from decisions or orders of the Commission in certain circumstances. The foregoing provisions clearly demonstrate that the Legislature intended that there be no right of appeal of an order of the Commission that concerns a matter arising under

Part 9 of the Act . In that the order appealed from is, indeed, such an order, I am of the view the appeal cannot proceed as this court has no jurisdiction to hear the appeal. I would dismiss the appeal. 6 Leave cannot be granted on a prospective appeal which this court would have no jurisdiction to hear. 7 For these reasons I dismissed the application for leave. J.A.