How Tenants Can Reopen a Closed LTB Case in Prince Edward Island

Having your tenancy dispute closed by the Island Regulatory and Appeals Commission (IRAC)—the official body responsible for residential tenancies in Prince Edward Island—can be stressful, especially if you believe an error was made or new evidence has emerged. Understanding your options is key to addressing unresolved or newly discovered issues concerning rent increases, evictions, or repairs. This guide explains how tenants can request to reopen a closed IRAC tenancy case, the steps involved, and helpful resources.

Understanding Closed Tenancy Cases and Why They May Be Reopened

A closed tenancy case generally means the IRAC has made a final decision on your dispute. However, in certain limited circumstances, tenants can apply to have their matter reconsidered. Common reasons include:

• New evidence was not available at the hearing
• Procedural fairness was not followed (e.g., you weren’t notified about the hearing properly)
• An error in the original decision

It's important to act quickly, as these requests are time-sensitive and require supporting documentation.

Who Handles Rental Dispute Resolutions in PEI?

In Prince Edward Island, the Island Regulatory and Appeals Commission (IRAC) manages rental hearings, decisions, and appeals under the Rental of Residential Property Act^[1]. Tenants who are dissatisfied with an IRAC Order can seek a review or appeal in accordance with the Act and IRAC’s policies.

When Can a Tenant Ask to Reopen a Case?

Reopening, also called a "review of a decision," is only granted in exceptional cases. Valid grounds include:

• Critical evidence emerged after the original hearing
• There was no opportunity to present your side because of an IRAC administrative error
• The order is unclear, incomplete, or contains mistakes

Note: Appeals on disagreement alone are not a valid reason—there must be a substantial procedural or evidentiary issue.

Official Forms and How to Use Them

If you want your case reconsidered, you must file a formal request with IRAC. The required form is called a "Request for Review of an Order." Here’s what you need to know:

• Form name: Request for Review of an Order
• Where to get it: IRAC Rental Orders Forms
• When to use it: If you believe there has been a procedural error, new evidence, or the order needs clarification within 10 days of receiving the decision.
• How to submit: Complete the form, attach supporting documents, and file it with IRAC in person, by mail, or as per instructions on the form.

Example: You missed your hearing because IRAC sent the notice to the wrong address, and a default order was issued against you. Using this form, you can present proof of the error and request the order be reviewed.

What Happens After Submitting the Request?

IRAC will review your submission and may:

• Schedule a new hearing if the grounds are valid
• Request additional information from parties involved
• Uphold the original decision if no error or new evidence is found

This process does not guarantee the decision will be changed but provides a fair chance to address issues that could not be properly considered in the closed case.

Alternative: Appealing to the Supreme Court

If your review is denied, or you believe the law was wrongly applied, you may appeal to the Supreme Court of Prince Edward Island. Appeals are generally limited to questions of law and must be filed within prescribed time limits. Legal advice is strongly recommended for court appeals.

Common Situations That May Lead to Reopening a Case

• Eviction orders issued in your absence due to improper notice
• Unconsidered documentation or key evidence
• Financial or procedural errors impacting your case outcome

Being aware of your rights and obligations from the lease signing onward is essential. See What Tenants Need to Know After Signing the Rental Agreement for tips on proactive dispute prevention.

Related Tenant Resources

• For repair and maintenance obligations, review Common Issues Tenants Face and How to Resolve Them.

If you're looking for a new rental home during or after a dispute, you can Browse apartments for rent in Canada easily and securely.

FAQs: Reopening Tenancy Cases in PEI

1. Can I reopen a case just because I disagree with the decision?
   No. The IRAC will only consider reopening a case if there is new evidence, a procedural error, or a clear mistake—not just disagreement with the outcome.
2. What is the deadline to file a Request for Review of an Order?
   You must generally submit the request within 10 days of receiving the IRAC order.
3. Is there a fee for requesting a review?
   As of 2024, there is no fee for submitting a Request for Review with IRAC, but always check the current form or IRAC’s website for updates.
4. What supporting documents do I need?
   Include any new evidence, proof of procedural error, or written explanations supporting your reason for review.
5. Where can I get help with the process?
   You can contact IRAC directly or reach out to local tenant support agencies for guidance.

Conclusion: Key Takeaways

• Requests to reopen closed tenancy cases in PEI are possible but only under specific circumstances—act quickly if you qualify.
• Use the proper form with detailed supporting documentation.
• Knowing your rights can help prevent or resolve disputes earlier in your tenancy journey.

Remember to consult official sources and seek assistance if you have questions about your specific situation.

Need Help? Resources for Tenants

• IRAC Rental Appeals: Official board for tenancy dispute applications, forms, and decisions.
• PEI Government’s Rental Property Information: General information for tenants and landlords.
• Tenant Rights and Landlord Rights in Prince Edward Island: Know your provincial rights and responsibilities.
• Local tenant advocacy organizations and legal aid clinics can offer additional free or low-cost assistance with forms and the review process.

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1. See: Rental of Residential Property Act, PEI
2. Official tribunal: Island Regulatory and Appeals Commission – Rental Appeals

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