Ramesh Savaliya

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.