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Tribunal orders Tarion to pay maximum $100,000 deposit refunds, finding cash payments were proven.
The appellants appealed Tarion's decision limiting their deposit refund claims to the amounts paid by bank draft, denying the portions allegedly paid in cash.
The appellants had entered into reservation agreements for two condominium units and subsequently rescinded the agreements.
The Tribunal found the appellants established on a balance of probabilities that they each paid over $100,000 in cash to the vendor, corroborated by bank records, the vendor's testimony, and handwritten receipts.
The Tribunal ordered Tarion to pay each appellant the maximum statutory compensation of $100,000.
