The homeowner appealed a decision by Tarion Warranty Corporation disallowing numerous claims for alleged construction defects in a new home.
After a 16-day hearing, the Licence Appeal Tribunal reviewed 18 remaining disputed items, including complaints about hardwood flooring, exterior grading, and unfinished work.
The Tribunal found that only two minor items—rusting on an exterior iron railing and a missing exterior light fixture—constituted breaches of the statutory warranty under the Ontario New Home Warranties Plan Act.
The remaining claims were dismissed as either excluded by the Act (e.g., normal shrinkage, improper maintenance) or failing to meet the threshold for poor workmanship.
Due to the acrimonious relationship between the parties, the Tribunal ordered a payment of $800 out of the guarantee fund rather than requiring the builder to perform repairs.
Additionally, the Tribunal awarded costs of $800 each to Tarion and the builder due to the homeowner's vexatious conduct during the proceedings.
