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The Licence Appeal Tribunal was granted limited intervenor status in an appeal of its own decision.
The Licence Appeal Tribunal sought leave to intervene in an appeal launched by Birani Homes Limited against a decision directing Tarion Warranty Corporation to pay $300,000 for home foundation and wall replacement.
Birani opposed the intervention, citing concerns about duplication of submissions, lack of unique expertise, and potential prejudice, particularly regarding a reasonable apprehension of bias.
Tarion consented to the intervention.
The court granted the Tribunal intervenor status, limiting its participation to issues concerning the standard of review, the Tribunal's jurisdiction under the Ontario New Home Warranties Plan Act (ONHWPA) regarding year-end and major structural defect claims, and its Rules of Practice and Procedure on adding parties and disclosure.
Intervention on the issue of reasonable apprehension of bias was denied to prevent the Tribunal from appearing to defend its own decision.
Judicial review dismissed; unrepresented complainant denied procedural fairness without needing to prove actual prejudice.
The applicant police officer sought judicial review of an Ontario Civilian Police Commission (OCPC) decision that ordered a new discipline hearing.
The OCPC had found that the Hearing Officer breached procedural fairness by failing to provide minimum assistance to the unrepresented public complainant.
The Divisional Court dismissed the application, upholding the OCPC's refusal to admit fresh affidavit evidence about off-the-record events.
The Court also rejected the applicant's argument that the complainant needed to prove actual prejudice, affirming that a breach of procedural fairness carries inherent prejudice and denies a meaningful role in the proceeding.
