Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2015-11-04
FILE:
8293/ONHWPA
CASE NAME:
8293 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 Claims
Appellants
Appellants
-and-
Tarion Warranty Corporation
Respondent
-and-
Baywood Golf Developments Inc.
Added Party
MOTION
ADJUDICATOR:
Laurie Sanford, Vice-Chair
APPEARANCES:
For the Appellants:
“SB”, representing himself and the second Appellant
For the Respondent:
Gena Argitis, Counsel
For the Added Party:
No One
Heard in Toronto:
October 16, 2015
ORDER
The Homeowners bring this motion seeking clarification and enforcement of a Decision and Order of the Tribunal released on May 28, 2015. Specifically, the Homeowners have several concerns about the way the Tribunal’s decision is being implemented.
First, the Homeowners note that there has been a significant delay in Tarion beginning the work which the Tribunal directed Tarion to do. The Homeowners are also concerned about the quality of the subcontractors Tarion is working with. SB noted that when the work crew did come to his home, months after the Tribunal decision was released, they apparently did not understand that they required a work permit before beginning construction. The project has been further delayed while the subcontractor is obtaining the necessary permits. The Homeowners expressed similar concerns about the procedure Tarion is proposing to use to remediate the mould in the basement of the Homeowners’ house. There are also concerns about the backfill Tarion proposes to use in completing the construction around the foundation of the house.
The Tribunal shares the Homeowners’ concerns about Tarion’s lengthy delay in implementing the decision of the Tribunal. However, it is a feature of the Tribunal, and of administrative boards and tribunals generally, that they lack the authority to enforce their own orders. Enforcement of the Tribunal’s orders may be done in the Superior Court of Ontario pursuant to section 19 of the Statutory Powers Procedure Act R.S.O. 1990 c. S. 22. Because of this, the Homeowners’ motion for enforcement must be denied.
The Homeowners sought clarification of specific provisions of the Tribunal’s Order. In reviewing the Order, the parties noted a typographical error. Under Section 13 of the Tribunal’s Rules of Practice, the Tribunal has the ability to correct typographical errors in its decision and this Order will do so.
Accordingly, the Tribunal orders as follows:
Paragraph 13 of the Tribunal Decision and Order in this matter, released May28, 2015 is amended to read as follows:
Mr. Milne will invoice the Homeowners for the work he does under paragraphs 10, 11 or 15 of this Order at his usual rate for such work. Tarion will reimburse the Homeowners for the amounts paid on these invoices.
The Homeowners’ motion is dismissed.
LICENCE APPEAL TRIBUNAL
Laurie Sanford, Vice-Chair
Released: November 4, 2015