Brian M. Campbell

The appellant home builder appealed a trial judgment dismissing its counterclaim against a developer and its negligence claim against Tarion Warranty Corporation.

The Court of Appeal allowed the appeal against the developer, finding the trial judge failed to make necessary findings of fact and misapprehended a prior court order, necessitating a new trial.

However, the appeal against Tarion was dismissed, as the appellant's failure to file required financial statements for registration renewal was wilful, and Tarion's refusal to accept the late application was justified under the Ontario New Home Warranties Plan Act.

The appellant appealed a trial judge's decision regarding the existence of an exclusive contract and the reasonable notice period for termination.

The Court of Appeal dismissed the appeal, finding ample evidence to support the trial judge's conclusions that no exclusive contract existed and that 90 days was a reasonable notice period to terminate the contract concerning 22 machines.

The appellant appealed a summary judgment dismissing its claim.

The Court of Appeal dismissed the appeal, agreeing with the motion judge that the relevant statute and regulation do not create a private law duty of care.

The court also declined to interfere with the motion judge's discretionary costs award.

Costs of the appeal were fixed at $5,733.32.