Gerry Spina

The appellants appealed a Tarion Warranty Corporation decision denying warranty coverage for water penetration and mould in their basement, and for exterior cladding defects on their roof.

The Licence Appeal Tribunal dismissed the appeal.

The Tribunal found that the appellants voided the warranty for the basement issues by unilaterally removing and replacing drywall and excavating a trench before Tarion could inspect the alleged defects.

Regarding the roof, the Tribunal found that the appellants failed to prove that water had penetrated the building envelope or that the roof's design constituted a warrantable defect in workmanship or materials.

The Tribunal also gave very little weight to the appellants' roofing expert due to bias and lack of independence.

The appellants' request for costs and engineering expenses was denied.