New home warranty appeal dismissed as applicants failed to prove damages and denied builder access.
The applicants appealed a decision by Tarion Warranty Corporation disallowing their claims for various alleged construction defects in their new home, primarily asserting that the home's elevation was too low.
The Tribunal found that while there were some minor defects, the applicants failed to provide corroborating evidence or prove damages.
Furthermore, the applicants unreasonably refused to allow the builder access to the property to perform necessary repairs.
The appeal was dismissed and Tarion was ordered to deny the claims.
OLATOntario Licence Appeal TribunalApr 29, 2011
