Licence Tribunal

Appeal d'appel en

Tribunal matière de permis

DATE: 2011-10-20

FILE: 5558/ONHWPA

CASE NAME: 5558 v. Tarion Warranty Corporation

An Appeal of a Decision of Tarion Warranty Corporation under the Ontario New Home Warranties Plan Act – to Disallow a Claim

Applicant

Applicant

-and-

Tarion Warranty Corporation

Respondent

-and-

Watermark Developments Limited Added Party

REASONS FOR DECISION AND ORDER

ADJUDICATOR: KENNETH W. KOPROWSKI, Vice-Chair

APPEARANCES:

For the Applicants: THE APPLICANT, self-represented

For the Respondent: GREGORY W. BANKS, Counsel, representing Tarion Warranty Corporation

For the Added Party: GREG DIMITRIOU, Counsel, representing Watermark Developments Limited, the Added Party

Heard in Toronto: November 8, 9, December 20, 22, 2010; February 14, April 4, 5, 8, May 9, 2011

DECISION AND ORDER

This is an appeal by the Applicant to the Licence Appeal Tribunal (the “Tribunal”) from a decision dated June 25, 2009, of Tarion Warranty Corporation (“Tarion”) under the Ontario New Home Warranties Plan Act (the “Act”) denying the Applicant’s claim.

BACKGROUND

The decision letter of June 25,