Q.B.G. A.D. 1999 No. 1441 J.C. R. IN THE QUEEN’S BENCH JUDICIAL CENTRE OF REGINA BETWEEN: ALMA SCOBEY and NADINE ONOUSHKO and THE OFFICE OF THE RENTALSMAN RESPONDENTS Joanne C. Moser for the applicant Reginald A. Watson for the Nadine Onoushko JUDGMENT MacDONALD J. July 22, 1999 [1] This is an application pursuant to Rules 664(1) and 674 of The Queen’s Bench Rules for an order: (a) Quashing a decision of the Office of the Rentalsman; (b) If necessary, remitting the matter back to the Rentalsman for determination. [2] Prior to hearing the merits of the application itself, counsel for the respondent, Nadine Onoushko, raised a preliminary objection with the court and argued that the matter should not proceed by way of judicial review but that the applicant should be restricted to an appeal of the decision of the Rentalsman in accordance with the provisions of s. 49(1) of The Residential Tenancies Act, R.S.S. 1978, c. R-22 as am. by S.S. 1992, c. 37, s. 18 (the “Act”). Section 49(1) reads as follows: 49(1) Any person who is aggrieved by decision or order of the Rentalsman may appeal the decision or order on question of law or of jurisdiction of the Rentalsman to judge of Her Majesty’s Court of Queen’s Bench for Saskatchewan within 30 days of the date of the decision or order. [3] The decision of the Rentalsman in this instance was rendered on December 8, 1997. In order to appeal the applicant should have filed notice of the appeal on or before January 7, 1998. [4] The applicant, in her affidavit states that she never received notice of any of the proceedings before the Rentalsman therefore making it impossible for her to appeal within 30 days. [5] Since there is nothing in the Act which allows this Court to extend the time for filing an appeal, to deny the applicant an opportunity to bring the application for judicial review would be to deny her an opportunity to pursue her only remedy in the circumstances. [6] Therefore, the preliminary objection by counsel for the respondent, Nadine Onoushko, to the application is dismissed and the local registrar is instructed to return the matter to the chambers’ list on August 19, 1999 in order to hear argument on the merits and to allow counsel for the respondents an opportunity to file material.
The applicant sought an Order quashing a decision of the Office of the Rentalsman pursuant to Queen's Bench Rule 664(1) and 674. The respondent raised a preliminary objection, arguing that the matter should not proceed by way of judicial review but that the applicant should be restricted to an appeal of the Rentalsman's decision under s.49(1) of the Residential Tenancies Act, and that the applicant had failed to do so within the prescribed 30 day limit. The applicant argued that she never received any notice of proceedings making it impossible for her to appeal within 30 days. HELD: Preliminary objection dismissed. The court ordered that the application be returned to the Chamber's list for a hearing on the merits. Since there is nothing in the Act that allows the court to extend the time for filing an appeal, to deny the application for judicial review would deny the applicant an opportunity to pursue her only remedy in the circumstances.