Warranty claim denied because homeowner undertook extensive structural repairs before allowing Tarion to inspect.
The appellant purchased a property six years after its first occupation and discovered significant water penetration and structural issues in the basement.
Before notifying Tarion, the appellant undertook extensive excavations and repairs costing over $250,000.
The Tribunal found that while two issues (an inadequately supported LVL beam and a knee wall) constituted major structural defects under the Ontario New Home Warranties Plan Act, the appellant's claim must fail.
By undertaking extensive self-help repairs before contacting Tarion, the appellant denied Tarion its statutory right to inspect the defects and determine the necessary scope of repairs.
OLATOntario Licence Appeal TribunalOct 30, 2015
