The appellant, Tarion Warranty Corporation, appealed a decision of the Ontario Court of Justice that allowed the respondent's appeal from convictions and sentences imposed at an ex parte trial.
The Court of Appeal found that the appeal judge erred by allowing the appeal on grounds not raised by the respondent and without giving the appellant an opportunity to address concerns regarding the admissibility of hearsay evidence.
However, because there were serious gaps in the evidentiary record regarding the admissibility of business records, the Court of Appeal declined to restore the convictions.
The appeal was allowed, the judgment of the appeal judge was set aside, and the matter was remitted to the Provincial Offences Appeal Court for a new hearing.
