New home warranty appeal dismissed; concrete damage caused by salt and water penetration claim statute-barred.
The appellants appealed a decision by Tarion Warranty Corporation denying their second-year warranty claims for disintegrating front precast steps and water penetration in their new home.
The Licence Appeal Tribunal admitted the evidence of Tarion's warranty services representative as a participant expert.
The Tribunal found that the damage to the steps was caused by the appellants' use of salt or de-icer, which is excluded from warranty coverage as improper maintenance.
The Tribunal also held that the water penetration claim was statute-barred because it was not raised within the two-year warranty period.
In the alternative, the Tribunal found the water penetration was caused by ice damming rather than a warrantable construction defect.
The appeal was dismissed.
OLATOntario Licence Appeal TribunalAug 5, 2021
