Tarion ordered to warrant condominium water penetration claim; notice was timely and release unenforceable.
The Applicant condominium corporation appealed Tarion's decision to disallow a claim for water penetration in the building's common elements.
Tarion argued the claim was reported outside the two-year warranty period and was barred by a release signed by the Applicant and the builder.
The Licence Appeal Tribunal found that notice of the water penetration was provided within the warranty period through unit owner forms and the performance audit.
The Tribunal also held that the release was unenforceable due to ambiguity and did not cover the water penetration claim.
Finding that the building envelope was defective and allowed water ingress, the Tribunal ordered Tarion to ensure specific remedial work is completed.
OLATOntario Licence Appeal TribunalDec 21, 2010
