Licence Tribunal
Appeal d'appel en Tribunal matière de permis
2015-04-10
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:
April 9, 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.
BACKGROUND
On April 7, 2015, this Tribunal made an interim order restricting access to and the distribution of recordings of this proceeding provided to the parties by the Tribunal until further notice and, even then, only with strict conditions on their use. This order replaces that temporary or interim Order made April 7, 2015 with regard to the access to and distribution of all recordings or transcripts of this proceeding from its commencement on September 5, 2014 to its conclusion or until further order, whichever comes first.
Access to recordings and, where available, transcripts of proceedings may be a valuable tool in assisting parties in preparing their case. In some situations, it is necessary as a means of note-taking. The Tribunal is not, however, obligated to make recordings; it does so in an effort to ensure transparency and clarity and to support the efficient administration of justice.
THE DECISION
The Tribunal will not restrict access to recordings in the present case, but the parties will be required to agree that they will only use the recordings or transcripts to assist in the preparation of their case and will be prohibited from:
Publishing, broadcasting, reproducing or otherwise disseminating the recording or transcript;
Copying, saving, uploading or downloading the digital copy or otherwise providing the recording or transcript to anyone who is not a party to this proceeding; and,
Authorizing, assisting or permitting anyone to publish, broadcast, reproduce or otherwise disseminate the recording or transcript.
If any party is unclear on the use to which a recording or transcript can be made, they may seek clarification from the Tribunal.
The parties are to immediately remove any recording or transcript or summary thereof from any platform on which it has been uploaded or published or saved, if they have not already done so.
If the parties seek to use the material outside of this proceeding, they are required to make a request through the Freedom of Information and Protection of Privacy Act.
Lastly, this has been a long and acrimonious proceeding to date and the parties are requested to consider the need to demonstrate respect for the Tribunal and its processes and procedures as well as respect for one another and the witnesses appearing here to give evidence.
LICENCE APPEAL TRIBUNAL
Patricia L. Cassidy, Vice-Chair
Released: April 10, 2015