Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2014-09-30
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:
Daniel McConville, Counsel
Heard in Toronto:
September 23, 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 the Appellants’ claim, in part.
This matter was scheduled for hearing, commencing on September 23, 2014 but at the outset, there were two further preliminary motions which needed to be determined. The Respondent brought a motion for an order to quash the summons issued for Ryan Haley. In addition, the Polmat Group Inc. also sought to have a summons compelling the attendance of a witness quashed.
THE MOTIONS:
MOTION #1
The Respondent seeks an Order “…quashing the summons of Ryan Haley issued August 1, 2014 and awarding the Respondent costs of the motion. The Appellants oppose the motion. The Added Party takes no position with regard to this motion.
ORDER regarding Motion #1
Ryan Haley is the author of the decision letter giving rise to this appeal. Counsel for the Respondent has undertaken, in writing as well as verbally, on the record in this proceeding, that Ryan Haley will be produced to give evidence and be cross-examined in this hearing. Consequently, there is no need to compel the attendance of this witness from the onset of this hearing. On the undertaking of counsel that the witness will be produced and the Appellants will have the opportunity to cross-examine the motion is granted and the summons of Ryan Haley is quashed.
MOTION #2
The Added Party seeks an Order to quash the summons of Paul Materick, the builder and principal of the Added Party, Polmat Group Inc. The Appellants oppose the motion. The Respondent takes no position with regard to this motion.
ORDER regarding Motion #2
Counsel for the Added Party has undertaken, in writing as well as verbally, on the record in this proceeding that Paul Materski will attend this hearing to testify and be cross-examined. On the undertaking of counsel that Mr. Materski will be produced and the Appellants will be given the opportunity to cross-examine him, the motion is granted and the summons of Paul Materski is quashed.
In addition, on September 5, 2014 specific dates were scheduled for the hearing of this appeal. Since September 5, 2014, it has become known that Counsel for Tarion inadvertently agreed to the date of October 7, 2014 as one of the dates for this hearing notwithstanding the fact that he is scheduled for another matter on that date and, therefore, not available to attend this hearing on October 7, 2014. Therefore, the date of October 7, 2014 is hereby vacated and the following dates for the hearing of this matter are confirmed and are herewith made peremptory on the parties:
September 24 & 25, 2014
October 8, 2014
October 20, 21, 22 &23, 2014
November 24, 26, 27 & 28, 2014
COSTS
There will be no order for costs on the motions heard September 23, 2014. The Respondent and the Added Party shall bear their own costs of these motions.
This matter is adjourned to September 23, 2014 at 1:30 p.m. for continuation.
LICENCE APPEAL TRIBUNAL
Patricia L. Cassidy, Vice-Chair
Released: September 30, 2014