Tribunal upholds Tarion's limited mortar repair scope but orders tinting for damaged bricks and mismatched mortar.
The appellant appealed a decision by Tarion Warranty Corporation denying warranty claims for bowing brick cladding and defective mortar on a new home.
The Tribunal found that the bowing of the brick walls was not readily visible and did not constitute a defect in workmanship.
Regarding the mortar, the Tribunal accepted expert evidence that the defect was localized to the bottom five feet of the wall due to winter construction freezing, rejecting the appellant's claim that all mortar required replacement.
However, the Tribunal found that the repair work caused damage to some bricks and resulted in mismatched mortar colours, ordering Tarion to tint the affected areas.
OLATOntario Licence Appeal TribunalNov 19, 2014
