Tarion ordered to repair squeaky hardwood floors that failed to meet acceptable performance guidelines.
The appellants appealed a decision by Tarion Warranty Corporation denying warranty coverage for squeaky hardwood floors in their new home.
The appellants argued the floors were defective, while the builder and Tarion maintained the subfloor met the Ontario Building Code and the noise was due to humidity issues.
The Licence Appeal Tribunal found that the movement and noise in the floors exceeded acceptable imperfections and violated Tarion's Construction Performance Guidelines, constituting a breach of warranty under section 13(1) of the Ontario New Home Warranties Plan Act.
The Tribunal ordered Tarion to repair or replace the affected areas of the floors.
OLATOntario Licence Appeal TribunalJun 16, 2015