An appeal from a Notice of Proposal by Tarion Warranty Corporation under the Ontario New Home Warranties Plan Act, R.S.O. 1990, c.O.31 to Refuse to Grant an Application for a Determination that Homes Qualify for Enrolment in the Plan and are enrolled in the Plan.
Between:
ADI Developments (Portland) Inc.
Appellant
-and-
Registrar, Ontario New Home Warranties Plan Act
Respondent
CONSENT ORDER
ADJUDICATOR:
Raymond C. Ramdayal, Member
APPEARANCES:
For the Appellant:
Jeremy Rankin, Counsel
For the Respondent:
Michael Owsiany, Counsel
Heard by teleconference:
December 7, 2022
Overview
1ADI Developments (Portland) Inc. (the "appellant") appeals a Notice of Proposal (NOP) issued by the Tarion Warranty Corporation (the "respondent" or "Registrar") to refuse to grant an application for a determination that a home qualifies for enrolment in the Ontario New Home Warranties Plan, on June 14, 2022.
2The appellants and the Registrar apply under section 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 for an order of the Tribunal to dispose of this matter without a hearing.
3The parties have confirmed that they have reached a settlement. A draft Order, in accordance with the terms of settlement agreed to by the parties, is attached to this Consent Order as "Schedule A".
4On consent of the parties, I order that the proceedings in this matter are concluded and disposed of without a hearing on the basis of the terms set out in the attached Schedule A, which are incorporated into and made part of this Consent Order.
LICENCE APPEAL TRIBUNAL
Raymond C. Ramdayal, Member
Released: February 06, 2023
Schedule "A"
LICENCE APPEAL TRIBUNAL
LAT File No. 14148/ONHWPA
Appeal from a Notice of Proposal under the Ontario New Home Warranties Plan Act, R.S.O. 1990, c. O.31 to Refuse to Grant an Application for a Determination that Homes Qualify for Enrolment in the Plan and are Enrolled in the Plan
BETWEEN:
ADI DEVELOPMENTS (PORTLAND) INC.
Appellant
and
TARION WARRANTY CORPORATION
Respondent
ORDER
Upon reading the parties' confirmation that they have reached a settlement of Tarion's proposed actions in its Notice of Proposal Refuse to Grant an Application for a Determination that Homes Qualify for Enrolment in the Plan and are Enrolled in the Plan dated June 14, 2022, as amended, (the "Proposal") and of the Appellant's within appeal dated June 28, 2022, without costs, the Tribunal hereby makes the following Order:
Licensing Matters
The Respondent's Proposal and the Appellant's appeal are hereby withdrawn without costs.
The Respondent is hereby directed to forthwith commence review of the Appellant's Application submitted to the Respondent on June 7, 2022 for a Determination that Homes Qualify for Enrolment in the Plan and are Enrolled in the Plan ("Application") in the ordinary course and issue a new Notice of Proposal regarding the Application to the Appellant in the ordinary course. Tarion shall not issue a new Notice of Proposal to Refuse to Grant the Application solely on the basis of any of the reasons or allegations relating to the conduct of the Appellant, Adi Morgan Developments (Lakeshore) Inc. or Tariq Adi contained in the Proposal.
LICENCE APPEAL TRIBUNAL
Raymond C. Ramdayal, Member
Dated: February 6, 2023