The appellant appealed a Licence Appeal Tribunal decision dismissing her appeal for lack of standing.
After initiating a claim against Tarion for the cost of an unapproved fireplace installation, the appellant sold her home but entered into a collateral agreement with the purchasers to maintain her claim.
The Divisional Court upheld the Tribunal's decision, confirming that under the Ontario New Home Warranties Plan Act, warranties run with the home and former owners lack standing.
The court further held that the collateral agreement could not assign the fireplace claim, as the purchasers had no such claim to assign, and assigning warranty claims violates s. 13(6) of the Act.
