Bob Bortolotti

The appellants appealed a Tarion Warranty Corporation decision denying their warranty claims for hardwood flooring and marble tile defects in their new condominium unit.

The Licence Appeal Tribunal found that the hardwood floor cupping was caused by high humidity during a period when the builder had control of the unoccupied unit, constituting a breach of the warranty of workmanlike construction.

The Tribunal awarded $9,500 for floor repairs.

However, the Tribunal dismissed the marble claims, finding that the foyer crack was likely excluded due to concrete movement or was a common element issue, and the bathroom marks were naturally occurring fissures rather than warranted defects.