Tarion ordered to replace defective weeping tile system; remaining new home warranty claims dismissed.
The homeowners appealed a decision by Tarion Warranty Corporation denying multiple claims under the Ontario New Home Warranties Plan Act.
The Tribunal found that the home's weeping tile system was compromised by improper installation, causing basement moisture, and ordered Tarion to replace the entire system, remediate the damp proofing, and address potential mould.
The Tribunal also ordered Tarion to repair a dented eavestrough.
The homeowners' remaining claims regarding staircase finish, floor noises, HVAC issues, floor drains, brick cracks, siding gaps, and a dented support beam were dismissed for lack of evidence or failure to meet the threshold for a breach of warranty.
OLATOntario Licence Appeal TribunalMay 28, 2015