Michael Chymycz

The Applicant appealed a decision by Tarion Warranty Corporation denying her claims regarding a new home purchased from the Added Party.

The claims involved noise transmission through a party wall, squeaky stairs, and mould stains in the basement.

The Licence Appeal Tribunal dismissed the appeal, finding that the party wall met the Ontario Building Code's sound transmission standards, there was no evidence of a defect in the stairs, and the mould stains did not constitute a warrantable defect.

The Tribunal also dismissed the Applicant's claims for secondary damages and human rights violations, noting that secondary damages are excluded under the Ontario New Home Warranties Plan Act and there was no evidence of discrimination.

The Applicant appealed a Tarion Warranty Corporation decision denying claims regarding mould in the basement, incorrect stair stain colour, central vacuum rough-in location, and secondary compensation costs.

The Licence Appeal Tribunal found the home fit for habitation but ordered Tarion to pay half the estimated cost for further mould remediation, noting the Applicant's failure to mitigate humidity.

The Tribunal dismissed the claims for the stain colour, central vacuum, and secondary compensation, finding the latter excluded under the Ontario New Home Warranties Plan Act.

The applicants appealed a decision by Tarion Warranty Corporation denying their claim for a major structural defect warranty.

The applicants alleged that insufficient roof ventilation caused mould growth and potential structural failure in their home's upper attic.

The Tribunal found no objective or expert evidence supporting the applicants' prospective concerns.

Relying on expert evidence that confirmed no mould contamination existed within the living space and that a minor attic issue did not affect air quality, the Tribunal concluded the applicants failed to prove a major structural defect.

The appeal was dismissed.

The Applicants appealed Tarion's decision to deny their warranty claim for mould remediation in their basement crawlspace.

After Tarion warranted the mould issue, the Applicants refused to allow the builder access to test and remediate, instead hiring their own contractor and demanding Tarion pay the invoice.

The Tribunal found that the Applicants breached the statutory warranty scheme by denying the builder its right to repair, and that the Applicants' chosen contractor did not perform industry-standard mould remediation.

The appeal was dismissed.