New home warranty claims for water penetration allowed; refusal of builder's water test did not void warranty.
The applicants appealed Tarion's decision denying their new home warranty claims for water penetration around balcony doors and a master bedroom.
The builder (added party) argued the appeal should be dismissed because the applicants refused to allow the builder to conduct a water test, allegedly voiding the warranty through denial of access.
The Licence Appeal Tribunal found that water penetration had occurred multiple times and was not caused by improper maintenance.
The Tribunal also held that the applicants' refusal to allow the builder to conduct a water test during an adversarial proceeding was reasonable and did not constitute a denial of access that would void the warranty.
Tarion was directed to determine the cause of the leaks and ensure repairs are completed.
OLATOntario Licence Appeal TribunalNov 19, 2012
