Patrick Marquis

The appellant appealed a decision by Tarion Warranty Corporation regarding a warranted air leak defect in her new home.

Tarion had issued a supplementary decision offering $15,000 to repair the defect, which the appellant rejected, seeking $60,000 based on contractor estimates and secondary costs.

The Tribunal found that secondary damages are excluded under the Ontario New Home Warranties Plan Act and that the appellant's estimates lacked probative value as they did not specify the required scope of work.

Relying on the respondent's witness who directly observed the defect area, the Tribunal concluded that $15,000 was more than sufficient to address the air leak.

The appeal for additional funds was dismissed, and Tarion was ordered to pay the $15,000 previously offered.