New home warranty appeal dismissed as applicants failed to prove claims and sought relief outside Tribunal's jurisdiction.
The applicants appealed a decision of Tarion Warranty Corporation denying most of their new home warranty claims.
At the hearing, the applicants withdrew all claims for monetary damages and instead sought declaratory relief regarding Tarion's practices and alleged fraud by the builder.
The Tribunal dismissed the appeal, finding that the applicants failed to present evidence to prove their claims on a balance of probabilities and that the relief sought was outside the Tribunal's jurisdiction under the Ontario New Home Warranties Plan Act.
OLATOntario Licence Appeal TribunalFeb 12, 2014
