Appeal allowed; defective hydronic heating system and inadequate insulation constituted a Major Structural Defect requiring replacement.
The applicants appealed Tarion's denial of their claim for a Major Structural Defect regarding their new home's hydronic heating system.
The home suffered from severe heating issues, requiring the applicants to supplement heat with a wood stove and causing family members to move out during the first winter.
Evidence revealed that the under-slab insulation was significantly below the Building Code and design specifications, the PEX tubing was not properly elevated in the concrete, and several heating loops were leaking.
The Licence Appeal Tribunal found that these defects in work and materials materially and adversely affected the use of the building as a home.
The appeal was allowed, and Tarion was directed to perform remedial works to replace the heating distribution system and install proper insulation.
OLATOntario Licence Appeal TribunalSep 28, 2010
