New home warranty appeals dismissed; dampness in garage did not constitute a major structural defect.
The applicants appealed two decisions by Tarion Warranty Corporation denying their claims regarding their new home.
The first claim alleged a major structural defect due to dampness and efflorescence on the garage foundation wall.
The second claim sought Second-Year warranty coverage for the same issue.
The Licence Appeal Tribunal dismissed both appeals, finding no evidence of a load-bearing failure or that the home was uninhabitable, which is required for a major structural defect.
Furthermore, the tribunal found the applicants failed to request a conciliation inspection within the prescribed eligibility period for the Second-Year warranty.
OLATOntario Licence Appeal TribunalJan 16, 2013
