J. Quackenbush

The applicants appealed a decision by Tarion Warranty Corporation denying their warranty claims against the builder of their new home.

The claims alleged defects in outside trim, window sill slopes, window seals causing condensation and air infiltration, and floor joist inadequacies.

The Tribunal found that the builder complied with the Ontario Building Code and industry standards, and that the alleged defects were either design choices, normal occurrences like condensation due to high indoor humidity, or acceptable variations in construction.

The Tribunal dismissed the appeal and confirmed Tarion's decision.

The builder and Tarion's requests for costs against the applicants were also dismissed, as the Tribunal found the applicants' conduct was not frivolous, vexatious, or in bad faith.