New home warranty appeal dismissed; appellant failed to prove wall or window defect exceeded tolerances.
The appellant appealed Tarion's denial of a warranty claim regarding an allegedly crooked wall and window in her new home.
The appellant also sought $100,000 in damages, aggravated damages, and costs.
The Tribunal first ruled it lacked jurisdiction to award damages for secondary claims outside the statutory warranty.
On the merits, the Tribunal found the appellant failed to provide reliable measurements or expert evidence proving the wall or window exceeded acceptable tolerances.
The appeal was dismissed.
OLATOntario Licence Appeal TribunalJan 14, 2020
