David Outerbridge

The Appellant brought a motion to compel the Respondent to abide by a pre-hearing consent order that allowed the Appellant to register as a vendor under the Ontario New Home Warranties Plan Act.

The Respondent brought a cross-motion to vary or read down the order, arguing that new information from the Elliot Lake Inquiry report regarding the Appellant's principal raised serious concerns about honesty and integrity.

The Tribunal found that the new information constituted changed circumstances that provided reasonable grounds to question the correctness of the consent order.

The Tribunal dismissed the Appellant's motion and amended the pre-hearing order to delete the consent provision and broaden the scope of the upcoming hearing.

The applicants brought a motion for an extension of time to appeal a decision letter from Tarion Warranty Corporation regarding new home warranty claims.

The parties had previously executed a settlement agreement and release in December 2010 covering the claims at issue.

Applying the four-factor test for extending time, the Tribunal found the delay was unexplained, the respondent would be prejudiced by reopening settled claims, and the appeal lacked merit due to the binding release.

The motion was dismissed and costs of $400 were awarded to the respondent.

The applicant filed a human rights application alleging that Tarion Warranty Corporation and the Tarion Ombudsperson Office discriminated against the claimant on the basis of disability by failing to consider her Code-related needs when determining that floor noises in her new home were not a warrantable major structural defect.

The Tribunal dismissed the application against Tarion under s. 45.1 of the Code, finding that the substance of the application had been appropriately dealt with in Tarion's adjudicative proceeding, which addressed the human rights arguments.

The application against the Ombudsperson was also dismissed as having no reasonable prospect of success, as there was no allegation that the claimant's disability was a factor in the Ombudsperson's decision not to pursue the complaint.

The applicant appealed a decision by Tarion Warranty Corporation denying a request for a conciliation inspection regarding the brick colour of their new home.

Tarion brought a motion to dismiss the appeal on the basis that the request was statute-barred.

The Licence Appeal Tribunal found that the applicant failed to request the conciliation inspection within the prescribed time limit under O. Reg. 892 of the Ontario New Home Warranties Plan Act.

Consequently, the tribunal ordered that the applicant's claim was out of time and dismissed the appeal.

Aubrey Friedman brought a motion for interim relief to require Woodbine Entertainment Group (WEG) to accept entries and nominations for his horses, after an expedited hearing could not be arranged as originally contemplated.

The Ontario Racing Commission panel found that the delay in arranging the expedited hearing constituted a significant change in circumstances that should not prejudice Friedman.

The panel ordered that Friedman's entries must be accepted by all Ontario racetracks for Ontario sired events, provided they meet qualifying standards, pending the hearing on the merits.