5 total
Motion to re-open withdrawn condominium noise case denied as Tribunal Rules do not permit it.
The applicant filed a case alleging unreasonable noise from the respondent's condominium unit, but withdrew it during mediation after being advised that the child primarily responsible for the noise had relocated.
Two weeks later, the applicant brought a motion to re-open the case, citing continued noise.
The Tribunal denied the motion, noting that its Rules of Practice do not provide for re-opening a withdrawn case and finding no reason to vary the rules, as the applicant had been warned that some noise would continue during an adjustment period.
New home warranty claim denied because homeowner unreasonably refused builder access to complete warranted repairs.
The appellant appealed Tarion's denial of her new home warranty claim regarding defects in the stone cladding of her home.
Although Tarion found the defects to be warranted, the claim was denied because the appellant refused to allow the builder access to the home to complete repairs during the 30-day post-conciliation repair period, insisting instead on her own method of repair.
The Licence Appeal Tribunal found that the builder's proposed repairs were reasonable and consistent with industry guidelines, and that the appellant's denial of access was unreasonable.
The appeal was dismissed and the builder's request for costs was denied.
New home warranty claims denied because homeowners unreasonably refused builder access to complete repairs.
The appellants appealed Tarion Warranty Corporation's decision to deny their claims for 34 construction defects in their new home.
While Tarion agreed the defects were covered under warranty, it denied the claims because the appellants failed to provide the builder reasonable access to the home to complete repairs during the post-conciliation repair period.
The Licence Appeal Tribunal found that the appellants' demands—including three-hour repair windows, criminal background checks for workers, and refusal of hotel accommodations—were unreasonable and interfered with the builder's statutory right to mitigate damages.
The appeal was dismissed and the claims were denied.
Condominium application dismissed for abandonment after applicant failed to participate.
The applicant filed an application with the Condominium Authority Tribunal which proceeded to mediation.
The applicant repeatedly failed to participate in the process.
The Tribunal issued a Notice of Intent to Dismiss for abandonment, to which neither party responded.
The Tribunal dismissed the application for abandonment.
Insurer ordered to pay medical benefits and interest after DAC report rejecting treatment was given little weight.
The applicant was injured in a motor vehicle accident and sought payment for $1,828.00 in medical benefits for treatment received at a health clinic.
The insurer denied the treatment plan based on perceived 'red flags' and a subsequent Designated Assessment Centre (DAC) report that concluded the treatment was not reasonable and necessary.
The arbitrator gave little weight to the DAC report due to factual errors and internal inconsistencies, preferring the evidence of the treating chiropractor and the applicant.
The arbitrator found the treatment was reasonable and necessary, ordered the insurer to pay the medical benefit with interest, and deferred the issues of a special award and expenses to a resumed hearing.
