Shantam Gorawara

The appellants sought an extension of time to appeal a decision denying their claims for compensation from the Travel Industry Compensation Fund.

The appeal was filed 316 days after the 15-day statutory deadline.

Applying the Manuel factors, the Tribunal found the appellants lacked a bona fide intention to appeal within the time limit, the delay was excessive, and the respondent would suffer prejudice.

Although the appeal might have had merit, the motion to extend time was denied.

The Registrar issued an Immediate Temporary Suspension Order and a Notice of Proposal to revoke the appellant's registration under the Travel Industry Act, citing working capital deficiencies and failure to properly deposit trust funds.

The appellant appealed the Notice of Proposal.

The Licence Appeal Tribunal held a hearing to determine whether to extend the temporary suspension until the conclusion of the appeal hearing.

Finding a prima facie case of non-compliance and a serious risk to the public due to the appellant's heavy indebtedness, the Tribunal ordered the suspension extended.

The appellants appealed a decision by Tarion Warranty Corporation denying their warranty claim for an unpaved driveway.

The appellants argued that a paved driveway was included in their Agreement of Purchase and Sale (APS) and that receiving a gravel driveway constituted a deficiency or unauthorized substitution.

The Licence Appeal Tribunal reviewed the APS as a whole and found that the mention of driveway paving in the completion clause did not create an obligation to provide a paved driveway.

The Tribunal concluded there was no deficiency under the Ontario New Home Warranties Plan Act and confirmed Tarion's denial of the claim.