Licence Tribunal

Appeal d'appel en

Tribunal matière de permis

DATE:

2014-09-02

FILE:

8549/ONHWPA

CASE NAME:

8549 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 a Claim

Appellants

Appellants

-and-

Tarion Warranty Corporation

Respondent

-and-

Polmat Group Inc.

Added Party

ORDER

ADJUDICATOR:

Patricia L. Cassidy, Vice-Chair

APPEARANCES:

For the Appellants:

Self-represented

For the Respondent:

Brent Arnold, Counsel

For the Added Party:

Neil Wilson, Counsel

Heard by teleconference:

August 29, 2014

ORDER

This is an appeal by the Appellants to the Licence Appeal Tribunal (the “Tribunal”) from Decision Letters of Tarion Warranty Corporation (“Tarion”) dated December 20, 2013, and May 28, 2014, with respect to a new home purchased from, Polmat Group Inc. (the “Added Party”), in which Tarion denied, in part, the Appellants’ claim.

This matter had been scheduled to proceed to hearing on September 3, 2014, with the additional dates of September 4 and 5, 2014, having been scheduled as well. A motion was brought, on behalf of the Respondent, Tarion, seeking to adjourn the commencement of the hearing to Friday September 5, 2014. The Added Party was prepared to consent to the adjournment request, however, the Appellants were not. Consequently, the Respondent’s motion for adjournment was heard by teleconference.

For oral reasons given, the motion is granted. The Appellants will have their costs, fixed at $500.00, paid by the Respondent, Tarion. This matter will proceed, peremptory on all parties, at 9:30 a.m. on Friday September 5, 2014, in person, at the Tribunal Offices.

Further, the parties advised this Tribunal that there are several preliminary motions which will be brought forward for consideration by the Tribunal prior to the commencement of the hearing and that two of those motions pertain to requests to quash summons to witnesses. It is herewith ordered that the witnesses who are the subject of the motions filed by Tarion to quash the summons of those witnesses, do not need to attend on September 5, 2014, pending the outcome of the those motions to determine whether or not they ought to be compelled to attend.

LICENCE APPEAL TRIBUNAL

Patricia L. Cassidy, Vice-Chair

Released: September 2, 2014