Matthew Seiling

The applicant appealed a decision by Tarion Warranty Corporation denying warranty coverage for several alleged defects in his new home, including tile floor issues, siding noise, and second-floor sagging.

The applicant argued that the tile defects were symptomatic of a broader structural failure requiring complete floor replacement.

The Tribunal preferred the expert evidence of the builder's structural engineer and flooring contractor, finding that the subfloor was stable, met Ontario Building Code standards, and that spot repairs were appropriate.

The Tribunal also dismissed the claims regarding siding noise and floor sagging, as the applicant failed to prove unworkmanlike installation or that the deflection exceeded allowable limits.

Tarion was ordered to warrant the spot repairs of cracks in the tile and grout as originally assessed.