Tribunal allows warranty appeal, ordering Tarion to repair foundation drainage layers not installed to ground level.
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.
OLATOntario Licence Appeal TribunalDec 14, 2016
