The appellant appealed a decision by Tarion Warranty Corporation denying her claim for warranty coverage under the Ontario New Home Warranties Plan Act for water penetration into her home.
The tribunal found that the water penetration was primarily caused by ice damming.
While ice damming itself is a naturally occurring phenomenon and not explicitly warranted, the tribunal held that the appellant was entitled to a home built in compliance with the Ontario Building Code and the warranty of workmanship.
The tribunal accepted expert evidence that the home's attic insulation, eaves protection, and starter strips violated the Ontario Building Code.
Tarion was ordered to repair these specific defects, though the appellant was denied a broader order requiring Tarion to identify and correct the entire water penetration problem due to her failure to comply with a prior order to conduct an engineering inspection.
