New home warranty appeal dismissed as applicants failed to prove construction defects or repair costs.
The applicants appealed Tarion Warranty Corporation's decision to deny their claims regarding various construction defects in their new home, including grading, brickwork, ceramic tiles, roofing, and foundation cracks.
The Licence Appeal Tribunal dismissed the appeal, finding that the applicants failed to prove their case on a balance of probabilities.
The Tribunal preferred the evidence of Tarion's representative and expert, who had tested their conclusions, over the applicants' expert, whose theories were untested.
Furthermore, the applicants failed to provide evidence of the costs of the repairs they sought.
OLATOntario Licence Appeal TribunalOct 7, 2011
