Sofya Frey

The appellant condominium corporation appealed a decision by Tarion Warranty Corporation denying its claim for major structural defect (MSD) warranty coverage for its underground parking garage.

The builder argued the claim was barred by previous settlement agreements.

The Tribunal found the previous agreements only applied to first and second-year warranty claims and did not release future MSD claims.

On the merits, the Tribunal preferred the evidence of the appellant's structural engineers and found that the builder's failure to install continuous expansion joints throughout the structure and the use of defective concrete resulting in delamination constituted a major structural defect under the function test.

The Tribunal ordered Tarion to pay the appellant $1,565,313.43 for the cost of repairs to the garage.