Justin Devries

The appellants appealed a decision by Tarion Warranty Corporation denying warranty coverage for numerous alleged construction defects in their new home.

The Tribunal found that the appellants failed to prove that the vast majority of the disputed items, including framing, floor slabs, and paint quality, were breaches of warranty or violations of the Ontario Building Code.

While two minor items were found to be breaches, the appellants failed to prove any resulting damages.

Furthermore, the Tribunal held that the appellants were disentitled to compensation for several otherwise warranted items because they unreasonably denied the builder access to the home during the extended repair period.

The appeal was dismissed.