Anindita Asaduzzaman

The appellant homeowner appealed a decision by Tarion Warranty Corporation denying a warranty claim for a thumping noise in the plumbing system caused by the washing machine.

The appellant argued the water hammer violated the Ontario Building Code and constituted a breach of the builder's warranty.

The Licence Appeal Tribunal found that the occasional thumping noise was a normal condition resulting from the abrupt closing of appliance valves, consistent with the Construction Performance Guidelines.

The Tribunal concluded there was no breach of warranty and ordered Tarion to deny the claim.

The applicant requested a reconsideration of a Licence Appeal Tribunal decision that denied her entitlement to income replacement benefits (IRBs).

She argued the Tribunal violated procedural fairness and made an error of law by applying the post-104 week test instead of the pre-104 week test.

The Tribunal dismissed the request, finding that the period in dispute was entirely post-104 weeks, the applicant had ample notice and opportunity to present her case, and the correct legal test was applied.

The applicant was injured in a motor vehicle accident and received income replacement benefits (IRBs) for 104 weeks.

The respondent terminated IRBs at the 104-week mark.

The applicant applied to the Licence Appeal Tribunal for ongoing IRBs.

The Tribunal held that the stricter post-104 test applied, requiring the applicant to prove a complete inability to engage in any employment for which she is reasonably suited by education, training, or experience.

The Tribunal found the applicant's expert evidence unpersuasive and noted the lack of supportive evidence from her long-term family doctor.

The application for ongoing IRBs and interest was dismissed.