Appeal dismissed; builder's substitution of vinyl windows for wood windows was of equal or better quality.
The applicants appealed a decision by Tarion Warranty Corporation denying their claim for breach of warranty against the builder of their new home.
The applicants alleged that the builder breached the warranty by installing vinyl windows instead of the wood windows specified in the purchase agreement, claiming the vinyl windows were inferior and caused health issues for the wife.
The builder argued it was entitled to substitute materials of equal or better quality.
The Tribunal found no evidence that the home was unfit for habitation due to the vinyl windows.
Relying on expert evidence, the Tribunal concluded that the vinyl windows were of equal or better quality than the wood windows, noting their similar performance, better water penetration resistance, and significantly lower maintenance requirements.
The appeal was dismissed.
OLATOntario Licence Appeal TribunalAug 10, 2011
