The applicant, a mortgagee who sold a newly constructed home under power of sale, sought judicial review of Tarion's decision that it was a 'vendor' responsible for statutory warranties under the Ontario New Home Warranties Plan Act.
The Divisional Court dismissed the application, upholding Tarion's finding that a mortgagee selling under power of sale is a vendor, relying on established precedent.
The court also rejected arguments that the home was sold 'as-is', noting the Act prohibits contracting out of statutory warranties, and declined to consider new arguments not raised before Tarion.
