Background

Remington Georgetown Inc. ("Applicant") sought to set aside an arbitration decision under the Ontario New Home Warranties Plan Act. Arbitrator Deborah Anschell upheld Tarion Warranty Corporation’s ("Respondent") finding that certain construction defects were chargeable conciliations, requiring the builder to remedy them.

Court’s Decision

Justice Morgan dismissed the application, rejecting all four of the Applicant’s claims:

1. Excess of Jurisdiction: The Applicant argued that the arbitrator improperly considered defects raised at conciliation. The court found that the Applicant itself raised this issue in arbitration and that the arbitrator properly assessed the claims under Builder Bulletins, which were part of the arbitration agreement.

2. Procedural Fairness: The Applicant claimed unfairness due to an employee’s exclusion from conciliation. The court ruled that Tarion could not compel a homeowner to allow specific individuals into their home and that the arbitrator fairly considered this issue.

3. Bias: The Applicant alleged bias but provided no evidence. The arbitrator was nominated by the Applicant and had no conflict of interest.

4. Failure to Provide Reasons: The court found that the arbitrator’s 19-page decision was legally sufficient and met transparency requirements.

Conclusion

The application was dismissed. The decision does not specify a total monetary award or damages. However, the court invited cost submissions from both parties