COURT FILE NO.: 192/08
DATE: 20091211
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JANET WILSON, KARAKATSANIS AND BRYANT JJ.
B E T W E E N:
TARION WARRANTY CORPORATION
Applicant
- and -
ENGLISH LANE HOMES INC.
Respondent
Carol Street, for the Applicant
Phillip W. Sutherland, for the Respondent
HEARD at Toronto: December 11, 2009
JANET WILSON J.: (Orally)
[1] The applicant, Tarion, seeks judicial review of the April 3, 2008 decision of the Licence Appeal Tribunal (the LAT). This application is dismissed as premature.
[2] The LAT struck the additional grounds and particulars of conduct from Tarion’s Supplemental Notice of Proposal to revoke the registration of the respondent, English Lane Homes Inc. and prohibited Tarion from relying on those allegations at the hearing before the LAT. We do not accept that the LAT’s decision to strike the allegations engages “bedrock issues” of jurisdiction. The decision is also of limited precedential value. We conclude that there are no exceptional circumstances in the facts of this case that warrant judicial review of this interlocutory decision.
[3] The case law is clear that there is a strong presumption in all proceedings before administrative tribunals that the internal procedure should be followed to completion before seeking the remedy of judicial review. To hold otherwise would both disrupt the orderly flow of the administrative hearing and largely defeat and undermine the purpose of establishing administrative tribunals in the first place. Compelling facts are necessary to depart from this established principle to avoid fragmentation of procedures as well as increases in costs and delay.
[4] We make no findings on the merits of the application. For these reasons, the application for judicial review is dismissed
COSTS
[5] We fix costs in the amount of $7,500.00. We note that this figure does not include argument on the merits of this application.
________________________JANET WILSON J.
KARAKATSANIS J.
BRYANT J.
Date of Reasons for Judgment: December 11, 2009
Date of Release: January 5, 2010
COURT FILE NO.: 192/08
DATE: 20091211
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JANET WILSON, KARAKATSANIS AND BRYANT JJ.
B E T W E E N:
TARION WARRANTY CORPORATION
Applicant
- and -
ENGLISH LANE HOMES INC.
Respondent
ORAL REASONS FOR JUDGMENT
JANET WILSON J.
Date of Reasons for Judgment: December 11, 2009
Date of Release: January 5, 2010