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Motion for summary judgment and costs denied; genuine issues of fact exist regarding warranty exclusions.
The Applicant brought a motion for summary judgment to reverse Tarion's denial of a warranty claim, and requested costs due to late disclosure by the Respondent and Added Party.
The Licence Appeal Tribunal dismissed the motion for summary judgment, finding that genuine issues of material fact existed regarding whether the defects were excluded from warranty coverage under the Ontario New Home Warranties Plan Act.
The Tribunal also denied the request for costs, noting that the late disclosure was inadvertent, did not cause undue prejudice, and did not meet the threshold for unreasonable or bad faith conduct.
