Norman Lee

The appellant appealed Tarion's decision denying her warranty claim for alleged major structural defects in her home, specifically vertical foundation cracks.

Tarion argued the claim was settled by a prior release and that the cracks did not constitute a major structural defect.

The Tribunal found the release did not cover the specific claims in this appeal.

However, after weighing competing expert engineering evidence, the Tribunal concluded the appellant failed to prove the cracks materially and adversely affected the home's structural integrity or its use as a residential dwelling.

The appeal was dismissed.

The appellants appealed a decision by Tarion Warranty Corporation denying compensation for numerous alleged construction defects and unauthorized substitutions in their new home.

The appellants claimed the builder failed to comply with the agreement of purchase and sale, particularly regarding the installation of marble tile flooring with a reduced scratch coat.

The Tribunal found that while the flooring installation was an unauthorized substitution, the appellants failed to prove any resulting damages, as expert evidence established the as-built floor was structurally sound and performing well.

The Tribunal dismissed all but one of the appellants' claims, awarding $3,500 for a window that was installed in the wrong location contrary to the contract.

The homeowners appealed a decision by Tarion Warranty Corporation denying multiple claims under the Ontario New Home Warranties Plan Act.

The Tribunal found that the home's weeping tile system was compromised by improper installation, causing basement moisture, and ordered Tarion to replace the entire system, remediate the damp proofing, and address potential mould.

The Tribunal also ordered Tarion to repair a dented eavestrough.

The homeowners' remaining claims regarding staircase finish, floor noises, HVAC issues, floor drains, brick cracks, siding gaps, and a dented support beam were dismissed for lack of evidence or failure to meet the threshold for a breach of warranty.