New home warranty appeal dismissed as alleged defects were either cosmetic, acceptable, or lacked proven damages.
The appellant appealed a decision by Tarion Warranty Corporation denying warranty compensation for several alleged construction defects in her new home, including issues with stone cladding, exterior design, a garage door, window caulking, and stair trim.
The Tribunal first ruled on a procedural issue, allowing the appellant's expert to testify despite late disclosure, but limited his evidence to his written report.
On the merits, the Tribunal found no breach of warranty for most items, accepting the respondent's evidence that the issues were either cosmetic, acceptable under building guidelines, or not workmanship defects.
While the Tribunal found the appellant had a reasonable expectation regarding the exterior design based on builder communications, she failed to prove any quantifiable damages.
The appeal was dismissed and Tarion was directed to deny the claims.
