Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
FILE: 7723 /ONHWPA
CASE NAME: 7723 v. Tarion Warranty Corporation
An Appeal of a Decision of Tarion Warranty Corporation under the Ontario New Home Warranties Plan Act, R.S.O. 1990, c. O.31 to Disallow Claims
Applicant
Applicant
-and-
Tarion Warranty Corporation
Respondent
-and-
Jordyn Homes Inc.
Added Party
PRE-HEARING ORDER
ADJUDICATOR: Laurie Sanford, Vice-Chair
APPEARANCES:
For the Applicant: Self-represented
For the Respondent: Montgomery Shillington, Counsel
For the Added Party: David Drummond, Agent
Heard in Toronto: April 16, 2013
ORDER
This is a continuation of a pre-hearing which arises in the course of an appeal to this Tribunal by the Applicant (the “Homeowner”) from decisions of the Tarion Warranty Corporation (“Tarion”) dated October 10 and 12, 2012 denying certain of the Homeowner’s claims. The Homeowner’s name will not be used in this Order to preserve their privacy.
The parties have been able to resolve some of the issues between them and they have agreed to attempt a resolution of certain of the other issues. It was agreed that claim number 2, the front door leaking, has been resolved. The parties are attempting to resolve claims 3, 4, 6 and certain claims for damages resulting from an earlier attempted repair. The parties agreed to continue efforts at settlement. The parties will advise the Tribunal at the outset of the hearing which of these claims have been resolved. The parties were unable to resolve claim numbers 1, 5 and 7 and these claims are expected to form all or part of the subject matter of the hearing.
The Tribunal makes the following Order:
By June 7, 2013, the parties shall disclose any document or thing on which they intend to rely at the hearing. Apart from timing, this disclosure will comply with Rule 6 of the Tribunal’s Rules of Practice. If the Homeowner intends to rely on an expert report or on expert testimony, the Homeowner must comply with the requirements of Rule 6.4 of the Tribunal’s Rules of Practice.
If the Homeowners disclose an expert report under paragraph 1 of this Order, then Tarion and Jordyn Homes Inc. will have until June 28, 2013 to file reply expert reports. Apart from timing, these reply expert reports must comply with Rule 6.4 of the Tribunal’s Rules of Practice.
If the appeal is resolved before the date scheduled for the hearing in this matter, each of the parties shall advise the Tribunal in writing immediately and the hearing, no longer being required, will be cancelled. If the Homeowner is withdrawing the appeal, the Homeowner should complete the Tribunal's Notice of Withdrawal, available at www.lat.gov.on.ca, and send a copy of that Notice to the other parties as well as to the Tribunal.
The hearing in this matter will begin on July 15, 2013, at 9:30 am at Best Western Lamplighter Inn & Conference Centre, 591 Wellington Road South, London, Ontario and will continue, if necessary on July 16, 18 and 19, 2013.
LICENCE APPEAL TRIBUNAL
Laurie Sanford, Vice-Chair
Released: April 24, 2013