Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2013-11-26
FILE:
8277/ONHWPA
CASE NAME:
8277 v. Tarion Warranty Corporation
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 a Claim
The Applicants
Applicants
- and -
Tarion Warranty Corporation
Respondent
- and -
Kouroush Tashtzar
Added Party
ORDER
ADJUDICATOR:
D. Gregory Flude, Vice-Chair
APPEARANCES:
For the Applicants:
Self-represented
For the Respondent:
Ellie Choi, Counsel
For the Added Party:
No-one appearing
Heard in Toronto:
October 28, 2013
ORDER
Tarion and the Applicants, no-one appearing for the Added Party despite good notice, having settled all of the outstanding issues between them, seek an order disposing of this proceeding without a hearing pursuant to the provisions of s. 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22.
On consent:
Tarion shall pay the sum of $6,093.64 to the Applicants to cover money paid to contractors and to purchase tiles with respect to repairs for Claims 1 and 22 in the Decision Letter dated July 29, 2013 (the “Decision Letter”). Should the Applicants submit copies of invoices to Tarion relating to the above work, Tarion shall also pay Harmonized Sales Tax on this amount.
Tarion shall pay a further sum of $13,906.36 in full and final settlement of any and all other claims the Applicants have arising out of the issues in dispute between Tarion and the Applicants that are the subject matter of this appeal as set out in the Decision Letter.
In consideration of the payments set out in 1. and 2. above, the Applicants shall execute Tarion’s standard form of release.
The proceeding is now concluded and the Tribunal shall close its file.
LICENCE APPEAL TRIBUNAL
D. Gregory Flude, Vice-Chair
Released: November 26, 2013