New home warranty claim for bathroom sink sewer smell dismissed as a homeowner maintenance issue.
The applicants appealed a decision by Tarion Warranty Corporation disallowing their claim for a sewer smell in their new home's main bathroom sink.
The applicants alleged the smell was due to a defect in materials or workmanship.
The Tribunal accepted expert plumbing evidence that the plumbing was in proper condition, the debris in the trap was normal, and the smell could be resolved through regular homeowner maintenance.
The appeal was dismissed.
The respondent's request for costs was also dismissed.
OLATOntario Licence Appeal TribunalJul 16, 2010
