Drew Kern

The appellant appealed a decision by Tarion Warranty Corporation denying a claim for warranty compensation for alleged flooring defects in his new home.

The appellant argued that the "character grade" hardwood flooring installed contained excessive voids, unfilled knots, and surface holes that deviated from manufacturer specifications.

The Licence Appeal Tribunal found that the flooring was not defective, as the manufacturer's specifications for "character grade" wood explicitly allowed for unlimited knots, voids, and other natural features.

Relying on expert testimony and the manufacturer's representative, the Tribunal concluded the flooring met the required standards and dismissed the appeal, directing Tarion to deny the claim.

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.