The applicants sought damages for water infiltration in their condominium unit against the vendor and the condominium corporation.
They alleged the vendor knew of the leakage prior to closing and the corporation delayed necessary repairs.
The vendor brought a counter-application for the release of a $75,000 holdback.
The court found that the vendor acted reasonably and responsibly upon discovering new leakage just before closing, and that the condominium corporation also acted reasonably and expeditiously within the constraints of the Tarion New Home Warranty Program, as the water infiltration was a complex, sitewide issue.
The applicants failed to provide sufficient evidentiary basis for their claimed damages and procedurally altered their requested relief at the hearing.
The application was dismissed, and the $75,000 holdback was ordered to be returned to the vendor.
