8549 v. Tarion Warranty Corporation, 2014 CanLII 96537

Licence Tribunal

Appeal d'appel en

Tribunal matière de permis

DATE:

2014-05-21

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

-and-

Tarion Warranty Corporation

Respondent

-and-

Polmat Group Inc.

Added Party

PRE-HEARING ORDER

ADJUDICATOR:

D. Gregory Flude, vice-Chair

APPEARANCES:

For the Appellants:

Self-represented

For the Respondent:

Michael Doyle, Counsel

For the Added Party:

Daniel Mc Conville, Counsel

Heard in Toronto:

May 14, 2014

ORDER

A second pre-hearing was held in this matter on May 14, 2014 before this Tribunal in the presence of the Appellants, Michael Doyle, Counsel, representing the Respondent, Tarion Warranty Corporation; and Daniel Mc Conville, representing the Added Party, Polmat Group Inc.

The Tribunal makes the following order with respect to the hearing:

The parties to the hearing are the Appellants, Tarion and the Added Party.
The hearing will commence at 9:30 a.m. on September 3, 2014 at the Tribunal’s Chambers, 20 Dundas Street West, Suite 530, Toronto, Ontario and continue as necessary on September 4 & 5, 2014.
In addition to the Decision Letter that is the subject matter of this appeal, by May 28, 2014, Tarion shall issue a Decision Letter relating to item 109 in its Warranty Assessment Report and Tarion’s decision with respect to item 109 shall be included in and become part of this appeal.
By August 5, 2014, the Parties shall serve on each other any and all documents they intend to rely on at the hearing that have not already been disclosed together with a list of witnesses they intend to call at the hearing with a brief statement of the evidence expected to be given by each witness. The parties consent to those documents that have already been disclosed remaining in the Tribunal’s files and being referred to by the sitting member prior to the hearing.

LICENCE APPEAL TRIBUNAL

D. Gregory Flude, Vice-Chair

Released: May 21, 2014