James Seguin

The appellants appealed a decision by Tarion Warranty Corporation regarding several claim items on their 30-day statutory warranty form.

The parties narrowed the issues to seven claim items.

The Tribunal found that claim item 126 was not properly before it as it was not part of Tarion's decision letter.

For the six items where Tarion conceded a breach of warranty, the Tribunal awarded $12,718.15 in compensation, finding that the appellants failed to prove that Tarion's proposed repair estimates were insufficient.

For claim item 71, regarding inadequate heating in a bedroom, the Tribunal found it constituted a breach of warranty as the heating system failed to maintain the required temperature under the Ontario Building Code.

The Tribunal directed Tarion to reopen claim item 71 and resume the warranty conciliation process to determine the appropriate remedy.