New home warranty appeal allowed in part; lawn sink holes warranted but other claims dismissed.
The applicants appealed a decision by Tarion Warranty Corporation denying warranty coverage for four items in their new home: sink holes in the lawn, a steep swale slope, thin driveway asphalt, and a sinking cornerstone.
The Licence Appeal Tribunal allowed the appeal in part.
The Tribunal found that the extensive sink holes in the lawn were caused by inadequate topsoil compaction and were therefore warranted.
However, the Tribunal dismissed the claims regarding the swale slope (a municipal requirement), the driveway asphalt (no evidence of unworkmanlike construction under the guidelines), and the sinking cornerstone (expressly excluded from warranty coverage).
OLATOntario Licence Appeal TribunalOct 4, 2011
