Gerald Anthony

The applicant, a mortgagee who sold a newly constructed home under power of sale, sought judicial review of Tarion's decision that it was a 'vendor' responsible for statutory warranties under the Ontario New Home Warranties Plan Act.

The Divisional Court dismissed the application, upholding Tarion's finding that a mortgagee selling under power of sale is a vendor, relying on established precedent.

The court also rejected arguments that the home was sold 'as-is', noting the Act prohibits contracting out of statutory warranties, and declined to consider new arguments not raised before Tarion.

The appellants moved to set aside an order by a single judge of the Court of Appeal that dismissed their appeal for failure to perfect, arguing that such an order could only be made by a panel.

The Court of Appeal dismissed the appellants' motion, affirming that a single judge has jurisdiction under Rule 61.16(5) to determine a motion to set aside a Registrar's dismissal order and to grant or refuse leave for such a request, thereby leaving the Registrar's dismissal order in effect.

The respondent's cross-motion was also dismissed as moot or inappropriate.

The plaintiff brought a motion in the Court of Appeal to advance an appeal from a mortgage enforcement action, seeking to set aside a certificate of stay, dismiss the appeal, and obtain a writ of possession.

The defendants had appealed a refusal to set aside a default judgment to the wrong court and improperly obtained a certificate of stay from the registrar.

The motion judge granted the plaintiff's sole shareholder leave to represent the corporation, set aside the improperly issued certificate of stay, and ordered the defendants to perfect their appeal by a fixed date.

Requests for a writ of possession and immediate dismissal of the appeal were denied.