873888 Ontario Limited o/a Rosedale Retirement Residence v. Registrar, Retirement Homes Regulatory Authority, 2023 CanLII 42539

Licence Appeal Tribunal

Licence Appeal Tribunal File Number: 14725/RHA

In the matter of an appeal from an Order to Pay Administrative Penalty made by the Registrar, Retirement Homes Regulatory Authority pursuant to s. 93 of the Retirement Homes Act, 2010, S.O. 2010, Chapter 11

Between:

873888 Ontario Limited o/a Rosedale Retirement Residence

Appellant

and

Registrar, Retirement Homes Regulatory Authority

Respondent

CONSENT ORDER

ADJUDICATOR:

Avril A. Farlam, Vice-Chair

APPEARANCES:

For the Appellant:

Thomas Tuah, Acting General Manager
Jennifer Vean, Administrator
Heather Moss, Office Clerk

For the Respondent:

Lisa Feinberg, Counsel
Michael McClurg, Counsel

BACKGROUND

1873888 Ontario Limited o/a Rosedale Retirement Residence (the “appellant”) appealed from an Order of the Registrar, Retirement Homes Regulatory Authority (the “Registrar”) to pay Administrative Penalty No. 2023-T0408-93-01 dated March 2, 2023 in the amount of $1,500.00 (the “Order”) made under s. 93 of the Retirement Homes Act, 2010, S.O. 2010, Chapter 11 (the “Act”).

2On consent of the Registrar, on April 12, 2023 the Tribunal ordered that the Order will be stayed until there is a final disposition of this appeal.

3The reasons for the Order are that the Deputy Registrar has reasonable grounds to believe that the appellant has contravened sections 67(1) and (4), 74(a)(i), 75(1)2 and 118 of the Act as set out in the Order.

4The appellant disputes the reasons for the Order as set out in the Notice of Appeal for the reasons set out in the Notice of Appeal.

5Both parties have advised the Tribunal that they have resolved the issue in dispute and that both parties request a Consent Order confirming that the appeal has been resolved on terms agreeable to both parties.

6The terms of the settlement reached are not attached to this Consent Order.

7Both parties have confirmed that pursuant to section 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S 2 (the “SPPA”), they waive the requirements of a hearing.

ON CONSENT OF BOTH PARTIES, I ORDER:

8Pursuant to s. 4.1 of the SPPA and on the consent of the parties, I dispose of this proceeding without a hearing on the terms and conditions agreed to between the parties in a Consent signed by the appellant May 9, 2023 and by the respondent on May 5, 2023 which is incorporated by reference into this Order.

LICENCE APPEAL TRIBUNAL

Avril A. Farlam, Vice-Chair