Tribunal limits condominium warranty claim to specific performance audit defect, excluding consequential damages.
The appellant condominium corporation appealed Tarion's decision regarding a first-year common element warranty claim for defective composite siding (item 4.2.2.1).
The appellant sought over $1.5 million for a complete replacement of the cladding system, arguing the defects caused widespread consequential damage.
Tarion argued the warranty only covered specific sealant repairs costing $84,830.16.
The Tribunal found that only the specific defect identified in the performance audit was covered by the first-year warranty.
The Tribunal preferred the evidence of Tarion's engineer and held that the statutory warranty does not cover secondary or consequential damages.
Tarion was ordered to pay $84,830.16.
OLATOntario Licence Appeal TribunalOct 23, 2018
