Homeowner's warranty appeal dismissed; failure to control humidity extinguished claim for hardwood floor cupping.
The homeowner appealed Tarion's decision to disallow several warranty claims regarding her new home, including complaints about a fireplace, a kitchen ceiling leak, foundation brush coating, subfloor materials, and hardwood floor cupping.
The Licence Appeal Tribunal dismissed all claims.
While the Tribunal found a breach of warranty regarding the foundation brush coating, the homeowner failed to quantify damages.
Regarding the hardwood floor cupping, the Tribunal found that although the builder was likely responsible for the initial cupping due to improper acclimatisation, the homeowner's failure to mitigate damages by controlling the home's humidity extinguished the claim.
The builder's motion for costs was also denied.
OLATOntario Licence Appeal TribunalMay 27, 2013
