Robert Hanna

The appellants appealed a decision by Tarion Warranty Corporation denying warranty coverage for squeaky hardwood floors in their new home.

The appellants argued the floors were defective, while the builder and Tarion maintained the subfloor met the Ontario Building Code and the noise was due to humidity issues.

The Licence Appeal Tribunal found that the movement and noise in the floors exceeded acceptable imperfections and violated Tarion's Construction Performance Guidelines, constituting a breach of warranty under section 13(1) of the Ontario New Home Warranties Plan Act.

The Tribunal ordered Tarion to repair or replace the affected areas of the floors.

The applicants appealed a decision by Tarion Warranty Corporation regarding defective hardwood flooring in their new home.

The applicants sought over $17,000 to replace the entire floor, alleging improper installation.

Tarion and the builder maintained that only localized repairs and touch-ups were necessary, offering $1,800 in compensation.

The Tribunal accepted the expert evidence that the damage was limited and repairable, largely caused by elevated moisture rather than installation errors.

However, the Tribunal ordered Tarion to pay $2,400, reflecting the builder's revised estimate for the necessary repairs.