The appellant appealed a Licence Appeal Tribunal decision dismissing his claim against Tarion Warranty Corporation for second-year warranty construction deficiencies.
The appellant argued he was denied a fair hearing due to the Tribunal Member's bias and erroneous evidentiary rulings, including restricting his expert's testimony.
The Divisional Court found no reasonable apprehension of bias and held that the Member properly exercised discretion in limiting the expert's evidence regarding Ontario Building Code standards.
The appeal was dismissed.