The applicants appealed a decision by Tarion Warranty Corporation denying their claim for a $32,599 deposit refund.
The applicants had entered into agreements to purchase a home but were unable to close due to an inability to secure sufficient financing.
The Tribunal found that the applicants failed to adduce any evidence that the vendor fundamentally breached the contracts.
Rather, the breach was on the part of the applicants.
The appeal was dismissed and Tarion was ordered to carry out its decision.