Substantially renovated home incorporating minor pre-existing foundation elements qualifies as a new home for warranty coverage.
The appellant appealed a decision by Tarion Warranty Corporation denying statutory warranty coverage for her home.
Tarion argued the home was not 'new' because it incorporated portions of a pre-existing foundation and exterior walls from a previously occupied 1950s bungalow.
The Tribunal found that the home underwent substantial demolition and reconstruction, rendering it a new home that had not been previously occupied.
Applying a liberal interpretation of the Ontario New Home Warranties Plan Act consistent with its consumer protection purpose, the Tribunal concluded the seller acted as a vendor and the home was eligible for warranty coverage.
OLATOntario Licence Appeal TribunalOct 5, 2023
