Appeal for delayed occupancy compensation dismissed as builder provided proper notice of unavoidable delay conclusion.
The applicants appealed a decision by Tarion Warranty Corporation denying their claim for $7,500 in delayed occupancy compensation.
The applicants purchased a new condominium home, but occupancy was delayed due to a fire that required complete reconstruction of the building.
The builder (Added Party) issued notices of an Unavoidable Delay and later set a new firm occupancy date of May 12, 2011, which the applicants had mutually agreed to for their own convenience.
The applicants argued the notice ending the delay was improper.
The Tribunal found that the builder provided proper written notice in accordance with the Addendum to the Agreement of Purchase and Sale, and therefore the applicants were not entitled to compensation.
OLATOntario Licence Appeal TribunalOct 5, 2012
