The defendant was charged with selling a new home not previously occupied without being registered as a vendor under the Ontario New Home Warranties Plan Act.
The defendant purchased an incomplete home by power of sale in October 2009 and re-listed it for sale in February 2010 without ever occupying it.
The home was sold to the purchaser in April 2010 prior to obtaining an occupancy permit.
The court found that the defendant was a vendor within the meaning of the Act and should have been registered with Tarion.
The court rejected the defendant's argument that the home was exempt from the Act because the original builder had declared it exempt on the building permit application.
The court applied a contextual and purposive interpretation of the Act, emphasizing that the defendant never occupied the home and re-sold it prior to completion and obtaining an occupancy permit.
