The applicant builder sought judicial review of a decision by Tarion Warranty Corporation ordering it to pay $7,500 in delayed occupancy compensation to a purchaser.
The builder argued that the delay was unavoidable due to a fire and the COVID-19 pandemic, and that it had provided proper notice to the purchaser.
The Divisional Court dismissed the application, finding that Tarion's decision was reasonable because the builder's notice failed to specify an end date for the unavoidable delay or provide a brief description of it, and the builder failed to provide sufficient evidence that the entire delay was caused by the fire and pandemic.
