David Kayll

The appellant condominium corporation appealed a decision by Tarion Warranty Corporation denying warranty coverage for several common element defects in a 14-storey building constructed by Claridge Homes.

The Tribunal found that the claims regarding cold walls, lack of window drawing details, and air leakage were not warranted.

However, the Tribunal found that excess condensation on windows and patio doors caused by substandard insulation, and deficient insulation of the dual-temperature pipe system, were breaches of the statutory warranty.

The Tribunal awarded $166,000 plus HST for the window insulation repairs and $906,285 plus HST for the pipe insulation repairs, to be paid from the guarantee fund.

The Tribunal also held that the appellant's delay in bringing the claim did not bar recovery.