New home warranty appeal dismissed as claims for floor defects were submitted outside the statutory timeframes.
The applicants appealed a decision by Tarion Warranty Corporation denying their new home warranty claims for floor defects.
Tarion denied the claims because they were submitted after the expiry of the first-year warranty period.
The Licence Appeal Tribunal found that the applicants failed to submit their 30-day and first-year warranty forms within the required timeframes.
Furthermore, the Tribunal accepted expert engineering evidence that the builder had satisfactorily repaired a related Ontario Building Code violation.
The appeal was dismissed and Tarion was directed to deny the warranty claim.
OLATOntario Licence Appeal TribunalJan 23, 2014