Letizia Filippazzo

The applicant builder brought a motion to extend the time to appeal a Notice of Proposal to refuse to renew its registration.

The applicant missed the 15-day deadline and argued the delay was due to confusion, changing requirements, and the principal's memory loss from vehicular accidents.

The Tribunal found that the applicant made a conscious decision to wait until regulatory authority transferred from Tarion to the HCRA before appealing, demonstrating a lack of firm intention to appeal within the required timeframe.

The motion for an extension of time was dismissed.

The appellant brought a motion to extend the time to appeal a notice of proposal to revoke its builder registration under the Ontario New Home Warranties Plan Act.

The notice was served on September 28, 2020, but the appellant did not request a hearing until January 28, 2021, three and a half months after the 15-day deadline.

The Tribunal applied the multi-pronged test for extending time limits and found that the appellant failed to provide a reasonable explanation for the delay, which was attributed to inadvertence.

Furthermore, the appellant did not demonstrate a substantive and reasonably arguable case on the merits.

The motion for an extension of time was dismissed.