Builder's installation of wheelchair accessible thresholds instead of contracted flush thresholds constituted a breach of warranty.
The appellants appealed a decision by Tarion Warranty Corporation denying their claim for warranty coverage under the Ontario New Home Warranties Plan Act.
The appellants argued that the builder failed to install flush thresholds in four exterior doorways as specified in the Agreement of Purchase and Sale to accommodate their daughter's mobility devices.
The adjudicator found that the 'wheelchair accessible' thresholds installed by the builder, which had a half-inch rise, did not meet the contractual requirement for flush thresholds and constituted a breach of warranty.
The adjudicator ordered Tarion to pay the appellants $19,578.48 from the guarantee fund to cover the cost of custom replacement doors and adjusting the deck level.
OLATOntario Licence Appeal TribunalApr 7, 2026
