Ken Selby

The applicant condominium corporation appealed a Tarion Warranty Corporation decision disallowing claims regarding the construction of second-floor decks.

The builder had unilaterally changed the deck design from an open wood deck to a membrane-covered deck without obtaining a revised building permit.

The Tribunal found that the as-built decks were not of equal or better quality than the original design and suffered from numerous defects, including building code violations, improper moisture content, rusting steel, and a leaking membrane.

The Tribunal ordered the builder to perform extensive warranty repairs and provide the required warranties to the condominium board.

The applicants appealed a decision of the Tarion Warranty Corporation denying in part their claim regarding a new home purchased from the added party.

Following a discussion of the remaining issue, the parties reached an agreement to resolve the matter.

The Licence Appeal Tribunal directed the appeal to be withdrawn.

The applicants appealed a decision by Tarion Warranty Corporation denying their claim regarding a defective heating system in their new home.

The builder recently made repairs to the system, but due to warm weather, the applicants had not been able to evaluate their effectiveness.

The Licence Appeal Tribunal dismissed the appeal without prejudice due to a lack of post-repair evidence, and ordered Tarion to warrant the current heating system repairs until March 1, 2013.

The applicant appealed a decision by Tarion Warranty Corporation denying a claim for compensation related to a delayed closing.

The applicant had purchased a lot and subsequently entered into a separate agreement for the construction of a manufactured home on the lot.

The Tribunal found that because there were separate agreements for the land and the home, and the applicant owned the lot during construction, the home was a 'contract home' rather than a 'freehold home'.

Under the applicable regulations and Tarion guidelines, contract homes are not eligible for the delayed closing warranty.

The appeal was dismissed.

The applicant appealed a decision by Tarion Warranty Corporation disallowing claims for cracked bathroom tiles and a ridge in the hardwood floor under the first-year warranty.

The applicant, who purchased the home from the original owner 10 months after occupancy, argued the defects occurred during construction.

The Licence Appeal Tribunal found the applicant failed to prove the vendor caused the cracked tiles, noting they were not on the pre-delivery inspection form and appeared to have been repaired by the previous owner.

The tribunal also found the hardwood floor ridge measured 5 mm, which did not meet the 6 mm threshold for warranty repair under the Construction Performance Guidelines.

The appeal was dismissed.

The applicant appealed a decision by Tarion Warranty Corporation denying warranty claims for a new home built by Maple Crest by Serrani Inc. The claims involved an allegedly incorrect transom over garden doors, scratched windows, and a front elevation that differed from the architectural rendering.

The Licence Appeal Tribunal dismissed the appeal, finding that the transom shape was not specified in the agreement, the applicant failed to prove the builder caused the window scratches not noted on the pre-delivery inspection, and the agreement permitted the builder to alter external elevations from the artist's conceptions.

The applicant appealed a decision by Tarion Warranty Corporation denying a request for a conciliation inspection regarding the brick colour of their new home.

Tarion brought a motion to dismiss the appeal on the basis that the request was statute-barred.

The Licence Appeal Tribunal found that the applicant failed to request the conciliation inspection within the prescribed time limit under O. Reg. 892 of the Ontario New Home Warranties Plan Act.

Consequently, the tribunal ordered that the applicant's claim was out of time and dismissed the appeal.

The applicants appealed Tarion's denial of their claim for a Major Structural Defect regarding their new home's hydronic heating system.

The home suffered from severe heating issues, requiring the applicants to supplement heat with a wood stove and causing family members to move out during the first winter.

Evidence revealed that the under-slab insulation was significantly below the Building Code and design specifications, the PEX tubing was not properly elevated in the concrete, and several heating loops were leaking.

The Licence Appeal Tribunal found that these defects in work and materials materially and adversely affected the use of the building as a home.

The appeal was allowed, and Tarion was directed to perform remedial works to replace the heating distribution system and install proper insulation.

The applicant appealed a decision by Tarion Warranty Corporation denying claims under the Second-Year Warranty of the Ontario New Home Warranties Plan Act.

The claims involved alleged water leakage, defective marble tile installation, masonry cracks, and other construction issues.

The Licence Appeal Tribunal dismissed the appeal, finding that none of the items constituted a breach of the Second-Year Warranty, as they were either normal shrinkage, not covered by the warranty, or met the Ontario Building Code requirements.