Ron Robinson

The applicant appealed a decision by Tarion Warranty Corporation disallowing a claim for a Major Structural Defect regarding the breakdown of a hot water installation that serviced radiant floor heating and a snow melt system.

The applicant argued that the hot water tank was misapplied and its failure left parts of the home without supplemental heating.

The Tribunal dismissed the appeal, finding that because the home's primary heat source was two furnaces, the loss of the supplemental radiant heating and snow melt did not materially and adversely affect the normal use of the building as a home, and therefore did not meet the statutory definition of a Major Structural Defect.