The appellants appealed a decision by Tarion Warranty Corporation denying their first-year warranty claims for various alleged construction defects, including uneven drywall joints, a defective toilet seat, and improper tile installation.
The Licence Appeal Tribunal dismissed the appeal, finding that the appellants failed to prove the workmanship fell below industry standards.
The Tribunal accepted Tarion's Construction Performance Guidelines as a valid starting point for assessing workmanship and concluded that the alleged defects were either minor, within acceptable tolerances from a normal viewing position, or matters of routine homeowner maintenance.