The appellants, two related home builders, appealed a License Appeal Tribunal (LAT) decision upholding Tarion Warranty Corporation's refusal and revocation of their applications for enrollment in the new home warranty plan.
The LAT found that the builders had a history of poor workmanship, warranty breaches, and failure to indemnify Tarion.
On appeal, the Divisional Court held that the LAT correctly interpreted 'conduct' under s. 10.3(4) of the Ontario New Home Warranties Plan Act to include construction and warranty service competence.
The Court found no palpable and overriding errors in the LAT's factual findings and concluded the LAT proceedings were procedurally fair.
The appeal was dismissed with costs.
