A.E. et al. v. Tarion Warranty Corporation, 2018 CanLII 50257

1The parties attended a case conference on March 23, 2018. A case conference order was released to the parties on March 23, 2018. Paragraph 9 of the order indicated that the hearing be recorded by Tarion pursuant to Rule 13.3 of the Licence Appeal Tribunal, Animal Care Review Board, and Fire Safety Commission Common Rules of Practice and Procedure, Version 1 (October 2, 2017).

2On May 4, 2018, Tarion requested that the order be amended to reflect that the Tribunal record the hearing pursuant to Rule 13.2.

3I decided Tarion’s request on an ex parte basis, without the need to hear from the other parties, because Tarion was only asking to change the manner in which the hearing be recorded.

On review of Tarion’s request to have the Tribunal record the hearing, I order as follows:

4The March 23, 2018 Order is varied as follows:

a. Paragraph 9 of the March 23, 2018 Order is deleted.

b. The hearing will be recorded as follows:

i. The Tribunal will arrange for and pay for a court reporter to audio record the hearing.

ii. A party may request, from the court reporter in attendance at the hearing, a copy of the audio recording and/or transcript of the hearing. The requesting party will be responsible for the costs of obtaining a copy of the audio recording and/or a transcript of the hearing.

iii. The parties and Tribunal may use the audio recording for judicial review and appeal purposes, subject to the requirements of the Statutory Powers and Procedures Act and Rules of Civil Procedure, as they apply to appeals or judicial review.