BUILDER ("Applicant" and TARION WARRANTY CORPORATION ("Respondent ...

March 9, 2009 was the deadline for the Builder to resolve the warrantable item.
On March 10, 2009, Tarion's representative, Tiffany Hallatt, reattended at the
home and again observed excess mortar splatter and took additional
photographs.
A claim inspection was arranged by Tarion for March 21,2009 (the claim
inspection is a prerequisite to Tarion arranging for the repair and charging it to
the Builder). Tarion's representative, Leighton Brown, attended on that date
but did not proceed with the inspection, as he was advised shortly after he
arrived that the matter had been settled directly between the Builder and the
Homeowner.
On April 2, 2009, the settlement between the Builder and the Homeowner was
confirmed. Nonetheless, Tarion seeks to have the conciliation charged to the
Builder pursuant to Rule 1.2 (k) of the Builder Arbitration Forum Procedural
Rules (the "BAF Rules").
The Builder served a notice of arbitration, dated February 23, 2009.
Subsequent to the notice of arbitration, i was appointed to arbitrate this matter.
There is no conflict of interest between me and the parties or the witnesses.
Prior to the arbitration hearing, i gave permission for the parties to be
represented by counsel at the hearing as I felt it would be of assistance to the
parties. Both parties, irrespective of the outcome, were, in fact, well
represented at the hearing.
The Hearing took place on July 16, the afternoon of July 17 and all day on
July 20, 2009. With my holidays imminent, counsel were agreeable to the
delivery of my award outside the 7 day period provided for in the BAF Rules.
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