Scott Llewellyn

The appellants appealed the denial of their two-year warranty and major structural defect (MSD) claims by Tarion Warranty Corporation regarding their newly constructed home.

The Tribunal found a breach of the two-year warranty due to water penetration in the garage caused by deficient lot grading and insufficient waterproofing, ordering the respondent to perform specific repairs.

However, the Tribunal dismissed the MSD claim, finding the appellants failed to prove that high humidity, a foundation crack, and sediment in the weeping tiles resulted in the failure of a structural load-bearing element or materially affected the use of the home.

A preliminary motion by the appellants to anonymize the decision was also denied.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 27-storey mixed-use building.

The Tribunal found that the proposed development is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and represents an appropriate level of intensification for the site, which is located in an Urban Growth Centre.

The Tribunal allowed the appeals and approved the amendments in principle, subject to conditions including the provision of a 2.0-metre road widening dedication to the City to enhance the public realm.