Following an appeal and cross-appeals regarding new home warranty issues, the court determined the appropriate costs award.
The homeowner was substantially successful overall, as Tarion lost on several policy points and the homeowner succeeded on issues relating to the kitchen floor and garage wall.
The court rejected the homeowner's claim for substantial indemnity costs and fixed partial indemnity costs at $6,500 plus disbursements, payable 90% by Tarion and 10% by the builder.
