The applicant builder sought judicial review of a conciliation decision by Tarion Warranty Corporation, which found that 14 construction items in a condominium's common elements breached statutory warranties and that the conciliation was chargeable to the builder.
The Divisional Court applied the reasonableness standard of review and upheld Tarion's findings.
The court found that Tarion reasonably relied on its construction performance guidelines and the Building Code in assessing the defects, including water leakage in the garage roof slab and tenting of a waterproofing membrane.
The court also upheld Tarion's determination that the conciliation was chargeable, as the builder's settlement offers did not meet the requirements for an exception.
