Tribunal ordered $19,239.35 for cosmetic window repairs, rejecting homeowners' claim for full replacement.
The appellants appealed a decision by Tarion Warranty Corporation regarding the quantum of damages for cosmetic damage to the exterior windows and doors of their new home.
The appellants sought full replacement of the windows and doors, arguing that painting the anodized aluminum would be an inferior remedy.
Tarion offered $19,239.35 for cleaning and electrostatically repainting the affected areas.
The Tribunal preferred the evidence of Tarion's expert, finding that electrostatic painting was a practical, efficient, and proportional remedy for the cosmetic damage.
The Tribunal concluded that the appellants failed to prove that full replacement was necessary and ordered Tarion to pay the $19,239.35 repair cost.
OLATOntario Licence Appeal TribunalNov 23, 2023
