This page contains the Applicant’s Confirmation of Motion (Form 37B) for Notice of Motion #2 in McLean v. TDHA et al, electronically filed on February 2, 2025 in the Divisional Court. The Confirmation of Motion formally records that the Applicant conferred or attempted to confer with all responding parties — TD Home and Auto Insurance Company (TDHA), Security National Insurance Company (SNIC), TD General Insurance Company (TDGIC), and the Licence Appeal Tribunal — and confirms that Motion #2 will proceed as a written hearing on February 14, 2025.
The Confirmation sets out the complete list of materials to be placed before the presiding motions judge, including: the Notice of Motion dated January 31, 2025; Motion Record #2; the JRPA Application; the Tribunal’s Notice of Appearance of November 27, 2024; the purported Notices of Appearance by TDHA, SNIC, and TDGIC dated December 3, 2024; the Applicant’s Factum of December 10, 2024; the December 24, 2024 requisition requesting issuance of Form 68B; Affidavits #2, #3, #4, #7, and #8; the Draft Order for NOM #2; the Factum for Motion in Writing; the complete Motion Record for NOM #1; the Written Argument for NOM #1; all requisitions filed via email and the JSO portal; affidavits of service; and the Applicant’s Compendium.
The Confirmation of Motion also documents the Applicant’s discovery — made possible only after the launch of the Ontario Courts Public Portal in October 2025 — that none of the Respondents had properly filed or deliveredtheir Notices of Appearance in accordance with Rule 38.07 and Rule 1.03 (“deliver” meaning serve and file with proof of service). This procedural revelation demonstrates that the Respondents were not properly before the Court at the time Motion #2 was brought, fundamentally undermining the Tribunal’s prematurity objection and reinforcing the Applicant’s position that the JRPA Application is ripe for determination.
The Confirmation further records the Attorney General of Ontario’s formal waiver of participation under section 9(4) of the JRPA, issued January 30, 2025, which strengthens the Applicant’s argument that the matter may be heard by a single justice under section 6(2) of the JRPA or converted into a motion for Judgment under Rule 37.13(2)(a). The document also provides detailed service information for all four responding parties, including FSRA registration numbers, fax numbers, counsel identities, business addresses, and the Tribunal counsel’s Law Society directory information.
This page forms part of LawCap’s public‑interest archive documenting procedural fairness, statutory compliance, record‑integrity doctrine, and the Divisional Court’s supervisory jurisdiction over administrative decision‑makers. It reinforces the Applicant’s broader position that Motion #2 is procedurally sound, fully supported by the record, and ready for written adjudication on February 14, 2025.