David Twigg

The Tribunal convened a settlement hearing regarding appeals of the Town of Milton's Official Plan Amendment No. 31.

Based on minutes of settlement and uncontested expert planning evidence, the Tribunal approved modifications resolving the appeals of the Ministry of Municipal Affairs and Housing and Elizabeth Robertson, finding them consistent with the Provincial Policy Statement and in conformity with the Growth Plan.

The remaining appeal by JDCL regarding mineral resource extraction and agricultural system mapping was scoped to be site-specific and adjourned sine die to allow for further discussions.

The defendants moved to dismiss the plaintiff's subrogated claim for delay under Rule 24.01(2) of the Rules of Civil Procedure, as more than five years had passed since the action was commenced.

The plaintiff failed to provide a reasonable explanation for the delay, which included failing to answer undertakings for over three years.

Furthermore, the court found the defendants would suffer non-compensable prejudice because the oil tank, which was central to determining the cause of the leak, had been destroyed.

The motion was granted and the action was dismissed.

The appellant condominium corporation appealed a decision by Tarion Warranty Corporation denying warranty coverage for several common element defects in a 14-storey building constructed by Claridge Homes.

The Tribunal found that the claims regarding cold walls, lack of window drawing details, and air leakage were not warranted.

However, the Tribunal found that excess condensation on windows and patio doors caused by substandard insulation, and deficient insulation of the dual-temperature pipe system, were breaches of the statutory warranty.

The Tribunal awarded $166,000 plus HST for the window insulation repairs and $906,285 plus HST for the pipe insulation repairs, to be paid from the guarantee fund.

The Tribunal also held that the appellant's delay in bringing the claim did not bar recovery.