Tarion Warranty Corporation brought a motion to add the Builder, Caivan Barrhaven Conservancy Inc., as a party to the homeowner's appeal of a warranty claim denial.
Tarion argued the Builder had a significant economic and reputational interest in the proceeding.
The Tribunal dismissed the motion, finding that the Builder's interests did not rise to the level of 'significant' under Rule 3.6 of the Licence Appeal Tribunal Rules.
The Tribunal emphasized that the warranty scheme is primarily a consumer protection mechanism and that the Builder's substantive rights to defend against future indemnification claims would not be impeded by the Tribunal's decision.
