The appellants appealed Tarion's decision to disallow their warranty claims regarding their new home.
The claims involved condensation in the cold room, lot grading, and eavestrough drainage.
The Tribunal dismissed the claims regarding the cold room and lot grading, finding they were not covered by the warranty.
However, the Tribunal allowed the appeal regarding the eavestroughs, finding that the builder's removal of downspouts to comply with municipal requirements resulted in a system that was not constructed in a workmanlike manner.