The applicants sought an extension of time to appeal a decision by Tarion Warranty Corporation denying their claim for financial loss due to the non-completion of their new home.
The applicants missed the 15-day appeal deadline and delayed six months before notifying Tarion of their intent to appeal, after discovering additional cancelled cheques.
The Tribunal dismissed the motion, finding that the applicants failed to demonstrate a firm intention to appeal throughout the delay period, and that the merits of the case were not overwhelming enough to outweigh this failure.
