Jillian M. Siskind

The appellants appealed a Notice of Proposal by the Registrar to revoke their registrations as a motor vehicle dealer and salesperson.

The Registrar alleged the appellants failed to cooperate with inspectors, breached conditions of registration, falsified documents, and engaged in non-compliant trades.

The Tribunal found that the salesperson's failure to disclose required information, improper use of bank accounts, disregard for inspection appointments, and admitted forgery of a customer's signature demonstrated ungovernability.

The appeal was denied and the Registrar was ordered to carry out the proposal to revoke the registrations.

The appellant, Dellfina Homes Inc., appealed a proposal by the Registrar under the Ontario New Home Warranties Plan Act to refuse its registration as a builder.

The Registrar's refusal was based on the appellant's failure to provide a requested security deposit and the past conduct of its principal, John Custodio, which included acting as an unregistered builder and failing to enroll homes.

The Licence Appeal Tribunal found that while the appellant could reasonably be expected to be financially responsible, the past conduct of its principal afforded reasonable grounds for belief that the appellant would not carry on its undertakings in accordance with law and with integrity and honesty.

The Tribunal directed the Registrar to carry out the proposal to refuse registration.

The Applicant appealed a decision by Tarion Warranty Corporation denying her claims regarding a new home purchased from the Added Party.

The claims involved noise transmission through a party wall, squeaky stairs, and mould stains in the basement.

The Licence Appeal Tribunal dismissed the appeal, finding that the party wall met the Ontario Building Code's sound transmission standards, there was no evidence of a defect in the stairs, and the mould stains did not constitute a warrantable defect.

The Tribunal also dismissed the Applicant's claims for secondary damages and human rights violations, noting that secondary damages are excluded under the Ontario New Home Warranties Plan Act and there was no evidence of discrimination.

The applicants appealed a decision of the Tarion Warranty Corporation denying in part their claim regarding a new home purchased from the added party.

Following a discussion of the remaining issue, the parties reached an agreement to resolve the matter.

The Licence Appeal Tribunal directed the appeal to be withdrawn.

The applicants appealed a decision by Tarion Warranty Corporation disallowing their claim for a sewer smell in their new home's main bathroom sink.

The applicants alleged the smell was due to a defect in materials or workmanship.

The Tribunal accepted expert plumbing evidence that the plumbing was in proper condition, the debris in the trap was normal, and the smell could be resolved through regular homeowner maintenance.

The appeal was dismissed.

The respondent's request for costs was also dismissed.