New home warranty appeal largely dismissed as appellants failed to prove damages from unauthorized substitutions.
The appellants appealed a decision by Tarion Warranty Corporation denying compensation for numerous alleged construction defects and unauthorized substitutions in their new home.
The appellants claimed the builder failed to comply with the agreement of purchase and sale, particularly regarding the installation of marble tile flooring with a reduced scratch coat.
The Tribunal found that while the flooring installation was an unauthorized substitution, the appellants failed to prove any resulting damages, as expert evidence established the as-built floor was structurally sound and performing well.
The Tribunal dismissed all but one of the appellants' claims, awarding $3,500 for a window that was installed in the wrong location contrary to the contract.
OLATOntario Licence Appeal TribunalSep 17, 2015
