Nick Tassone

The appellant condominium corporation appealed Tarion's decision regarding a first-year common element warranty claim for defective composite siding (item 4.2.2.1).

The appellant sought over $1.5 million for a complete replacement of the cladding system, arguing the defects caused widespread consequential damage.

Tarion argued the warranty only covered specific sealant repairs costing $84,830.16.

The Tribunal found that only the specific defect identified in the performance audit was covered by the first-year warranty.

The Tribunal preferred the evidence of Tarion's engineer and held that the statutory warranty does not cover secondary or consequential damages.

Tarion was ordered to pay $84,830.16.

The plaintiff, Jennifer Faber, sued First View Properties Inc. for breach of contract regarding defective brickwork on a new home.

The parties had previously reached a settlement under the Tarion New Home Warranty Program, which failed to materialize after the plaintiff served a Statement of Claim that had been issued but not disclosed during settlement negotiations.

The court found the plaintiff acted dishonestly by not disclosing the lawsuit.

While some minor deficiencies in the brickwork were acknowledged by the defendant's expert, the court rejected the plaintiff's claim for full rebricking and general damages, finding no evidence of significant inconvenience or diminution in property value.

The court awarded the plaintiff $4,000 for minor repairs, significantly less than the $100,000 sought.

In a construction lien trial arising from a window and door supply-and-install contract for a mixed-use property renovation, the owners alleged the contractor failed to perform masonry work, supplied non-conforming products, and performed deficient installation work, then counterclaimed after removing the installed windows and terminating the contract.

The court found the contractor had no contractual obligation to perform masonry work, had substantially supplied the contracted products save for a transom it was prepared to replace, and that the alleged deficiencies were largely unfinished items that could have been remedied had access not been denied.

The owners' termination was held to be an unjustified repudiation of the contract.

Judgment was granted for the unpaid balance of $11,770 together with prejudgment interest at 10% per annum, a lien in that amount, and dismissal of the counterclaim.

The Appellant condominium corporation appealed a decision by Tarion Warranty Corporation disallowing a first-year warranty claim for foundation leaks.

The Appellant argued that the builder failed to install dampproofing and drainage layers to ground level, contrary to the Ontario Building Code.

Tarion and the builder argued the claim was invalid because it was originally characterized as a lack of 'waterproofing' and that the installation met the functional intent of the Code.

The Licence Appeal Tribunal allowed the appeal, finding that the defect was sufficiently identified within the warranty period and that terminating the materials below ground level violated the Code and caused leaks.

Tarion was ordered to ensure the necessary repairs are completed.