Winston Hung

The applicant appealed a decision by Tarion Warranty Corporation denying most of his claims regarding defects in his newly constructed luxury home.

The Licence Appeal Tribunal dismissed the electrical, minor, and most structural claims, finding that the builder's use of alternative solutions for building paper and weep holes complied with the Ontario Building Code.

However, the Tribunal found that the builder breached its warranty by unilaterally substituting 6mm exterior sheathing for the 12.7mm specified in the construction plans, and by installing an oak veneer staircase instead of the solid oak staircase required by the purchase agreement.

The Tribunal ordered the builder to repair a masonry post and ordered Tarion to pay the applicant $14,170 in damages for the sheathing and staircase substitutions.