Ben Carino

The appellant requested a reconsideration of a Tribunal decision that confirmed the denial of a deposit refund under the Ontario New Home Warranties Plan Act.

The appellant argued that new evidence was available that was not before the Tribunal when the decision was made.

The Tribunal dismissed the request, finding that the documents relied upon were already tendered and considered at the original hearing, and that the appellant was merely attempting to relitigate the same issues.

The appellant entered into an agreement to purchase a new home, but the transaction failed to close after multiple occupancy delays and the appellant's inability to secure financing.

The appellant sought a deposit refund from Tarion, which was denied.

On appeal to the Licence Appeal Tribunal, the appellant argued she had exercised a statutory right to rescind and that the vendor fundamentally breached the contract by changing the locks and providing insufficient notice of closing.

The Tribunal found no evidence of a statutory rescission and held that the vendor's actions did not amount to a fundamental breach, as the home was substantially complete and the vendor was ready to close.

The appeal was dismissed and Tarion's denial of the deposit refund was confirmed.

The parties reached a settlement agreement during a case conference to resolve a new home warranty appeal.

The builder subsequently refused to pay her portion of the settlement.

The respondent brought a motion requesting the Tribunal to order the builder to comply with the settlement agreement.

The Tribunal dismissed the motion, finding it lacked jurisdiction under the Ontario New Home Warranties Plan Act to order the builder to pay the settlement amount or to enforce the agreement.