Stephen Brunswick

The appellants appealed a decision by Tarion Warranty Corporation granting them $7,500 in compensation for a delayed closing of their new home.

The appellants sought $278,244.60 in compensation, arguing that the builder breached the Agreement of Purchase and Sale and the mandatory Addendum.

The Tribunal held a preliminary issue hearing to determine if it had jurisdiction to award compensation exceeding the $7,500 maximum set out in s. 7(2) of Regulation 165/08 under the Ontario New Home Warranties Plan Act.

The Tribunal found that it does not have jurisdiction to award compensation beyond the statutory maximum, and that claims for breach of contract outside the Act's warranty framework must be pursued in the Superior Court of Justice.

The appeal was dismissed.

Two respondents in a human rights complaint regarding the failure to provide Rear Window Captioning technology in movie theatres brought a motion to add a competitor as a respondent to the combined proceedings.

The competitor initially opposed the motion but subsequently withdrew its opposition and consented to being added.

The Tribunal granted the motion, finding it appropriate to add the competitor so that key participants in the film industry could meet the allegations of discrimination together.

The Tribunal also set a schedule for pleadings and directed the parties to mediation.