New home warranty appeal dismissed; alleged elevator and roof defects attributed to lack of homeowner maintenance.
The appellant appealed a decision by Tarion Warranty Corporation denying warranty claims for 14 alleged defects in her new home, including issues with an elevator, tilt and turn windows, flat roof drainage, and exterior cladding.
The Licence Appeal Tribunal found that the elevator and roof drainage systems functioned as intended and complied with the Ontario Building Code, noting that the reported issues were caused by a lack of regular homeowner maintenance.
The Tribunal also found no breach of warranty regarding the windows' design and no compensable damages from previously repaired exterior cladding.
The appeal was dismissed and the claims were denied.
OLATOntario Licence Appeal TribunalOct 23, 2025