Gena Argitis

The applicant sought judicial review of an order from the Licence Appeal Tribunal regarding its application for registration as a vendor under the Ontario New Home Warranties Plan Act.

The Divisional Court dismissed the application, finding that the pre-hearing order did not compel the Registrar to register the applicant, but only to consider the application.

The Court also held that judicial review was inappropriate because the applicant had an adequate and preferable alternative remedy through a statutory appeal to the Licence Appeal Tribunal, which provides a hearing de novo.

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.

Tarion Warranty Corporation appealed a Tribunal decision regarding the registration of a builder, Riva's Emporium Ltd. The Divisional Court found that the Tribunal's conclusion that Tarion unreasonably extended its requirements for financial information was unreasonable.

The Court also held that the Tribunal failed to recognize the seriousness of the builder's past breaches, resulting in the imposition of unreasonable, redundant, and ultra vires conditions for registration.

The appeal was allowed, the Tribunal's decision was quashed, and the matter was remitted for a full hearing.

The plaintiff, Tarion Warranty Corporation, brought a motion for leave to appeal a decision that denied its motion to strike the defendants' pleadings under Rule 21.01(1)(b).

The court found that Tarion had chosen to enter into a contractual relationship with the guarantors, exposing itself to contractual remedies.

Applying the high threshold for striking pleadings, the court found no good reason to doubt the correctness of the motion judge's reluctance to strike the claim at this stage.

The motion for leave to appeal was denied.