The appellant home builder appealed a trial judgment dismissing its counterclaim against a developer and its negligence claim against Tarion Warranty Corporation.
The Court of Appeal allowed the appeal against the developer, finding the trial judge failed to make necessary findings of fact and misapprehended a prior court order, necessitating a new trial.
However, the appeal against Tarion was dismissed, as the appellant's failure to file required financial statements for registration renewal was wilful, and Tarion's refusal to accept the late application was justified under the Ontario New Home Warranties Plan Act.
