Court File and Parties
COURT FILE NO.: DC 679/21 DATE: 20220622 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: NEUHAUS MANAGEMENT LTD Appellant AND: MINZHEN HUANG Respondent
BEFORE: Firestone RSJ, Stewart, and Akhtar COUNSEL: Adam Wainstock for the Appellant Bradley Philips for the Respondent
HEARD: June 21, 2022
Endorsement
[1] This is a statutory appeal and cross appeal from the arbitration and cost award of the Arbitrator under the Ontario New Home Warranties Plan Act, R.S.O.1990, c.O.31, released on July 16 and October 19,2021, respectively. The dispute arises from the breakdown of a purchase agreement for a new build home.
[2] A hearing date for this appeal was fixed for June 21, 2022.
[3] On June 17,2022 the court sent counsel an email directing that the parties address the issue of leave, as a preliminary matter, at the outset of the hearing.
[4] On June 21,2022 after hearing preliminary submissions from counsel the panel directed those written submissions be provided. These submissions are to address the following questions:
Does the Divisional Court have jurisdiction to hear and determine this appeal from a decision of an arbitrator under the Ontario New home Warranties Act?
If the answer is “yes”, does the Arbitration Act ,1991,S.O.1991,c.17 apply to require that (a) leave to appeal is necessary and/or (b) the appeal be limited to issues of law where the statute providing for an appeal (in this case s.17(4)) of the Ontario New Home Warranties Plan Act) is itself silent on these issues but incorporates by reference the terms of the Arbitration Act?
[5] As agreed between the parties the appellant is to deliver their submissions by July 19,2022. The respondent is to deliver their submissions by August 2,2022. Any reply is to be delivered by August 16,2022.
[6] The parties are directed to the court’s Notice to the Profession dated April 19,2022, and are to follow the Notice in respect to uploading materials to Caselines; filing materials with the court and payment of court fees.
Firestone RSJ.
Stewart J.
Akhtar J.
Date: June 22, 2022