The appellant developer appealed a Licence Appeal Tribunal decision ordering Tarion Warranty Corporation to pay $1,736,271.23 to the respondent condominium corporation for major structural defects in an underground parking garage.
The appellant argued the Tribunal erred in finding a major structural defect, improperly extended the seven-year warranty, failed to find the claims were released, and improperly awarded damages for portions of the garage owned by others.
The Divisional Court dismissed the appeal, finding no palpable and overriding errors in the Tribunal's assessment of the expert evidence, contractual interpretation, or damages award, noting that the garage was a fully integrated structure requiring comprehensive repair.
