Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2015-01-14
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:
January 8, 2015
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.
At the end of the day on January 8, 2015, the Appellants advised they would not be calling any further evidence, notwithstanding the fact they had, initially, advised they would be calling several more witnesses in support of their case.
Counsel for Tarion advised he did not know the availability of his witnesses for January 9, 2015, given he had no reason to anticipate the Appellants would not be calling any further witnesses. While Ryan Haley, author of the Decision Letters giving rise to this appeal was available January 9, 2015, it is understood that his testimony will take more than a day to complete and it is not reasonable to commence his testimony on January 9th when the next scheduled date for this hearing is March 18, 2015.
Consequently, the date of January 9, 2015 is hereby vacated and this matter is adjourned to March 18, 2015 at 9:30 a.m. for continuation.
LICENCE APPEAL TRIBUNAL
Patricia L. Cassidy, Vice-Chair
Released: January 14, 2015