New home warranty appeal dismissed; party wall met Building Code standards and secondary damages excluded.
The Applicant appealed a decision by Tarion Warranty Corporation denying her claims regarding a new home purchased from the Added Party.
The claims involved noise transmission through a party wall, squeaky stairs, and mould stains in the basement.
The Licence Appeal Tribunal dismissed the appeal, finding that the party wall met the Ontario Building Code's sound transmission standards, there was no evidence of a defect in the stairs, and the mould stains did not constitute a warrantable defect.
The Tribunal also dismissed the Applicant's claims for secondary damages and human rights violations, noting that secondary damages are excluded under the Ontario New Home Warranties Plan Act and there was no evidence of discrimination.
OLATOntario Licence Appeal TribunalAug 2, 2013
