Samantha Awad

The appellant condominium corporation appealed Tarion's decision denying warranty claims for seven items relating to the common elements of the building, including security fobs, water stains, emergency generator issues, and fire door modifications.

The Licence Appeal Tribunal dismissed the appeal, finding that the appellant failed to prove any breach of the statutory warranties under the Ontario New Home Warranties Plan Act.

For several items, the appellant disentitled itself from warranty coverage by failing to notify the vendor and allow an opportunity to repair before hiring outside contractors.

For the fire doors, the tribunal found the appellant's concerns about the fire rating were speculative and unsupported by expert testing.

The appellant condominium corporation appealed Tarion's decision denying warranty claims for seven items relating to the building's common elements.

The claims included missing security fobs, water damage, generator and boiler failures, and concerns regarding the fire rating of modified unit doors.

The Licence Appeal Tribunal dismissed the appeal, finding that the appellant failed to prove breaches of the Ontario Building Code or the Agreement of Purchase and Sale for several items.

For other items, the Tribunal found the appellant disentitled itself from warranty coverage by failing to notify the vendor and allow it an opportunity to repair the alleged defects before hiring outside contractors.

The Tribunal also declined to extend the time for filing first-year warranty claims, finding no extraordinary circumstances.