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Qualification for enrolment revoked and refused due to builder's failure to properly construct homes and service warranties.
The appellants appealed Notices of Proposal issued by Tarion Warranty Corporation refusing and revoking their qualification for enrolment to build and sell 16 homes.
Tarion argued the appellants failed to properly construct homes, service warranties, and indemnify Tarion for over $350,000 spent resolving warranty claims on two properties.
The Licence Appeal Tribunal found that Tarion established the appellants' inability to properly construct and service warranties, relying on expert evidence regarding foundation and flooring defects.
The Tribunal directed the Registrar to carry out the Notices of Proposal and denied the appellants' request for costs.
Motion to dismiss notice of proposal denied; online portal approval notification found to be administrative error.
The appellant builder brought a motion to dismiss the Registrar's notice of proposal to refuse its registration renewal, arguing the proposal was ultra vires because the registration had already been renewed.
The appellant relied on a notification on Tarion's online builder portal indicating its registration was 'approved'.
The Tribunal found that the online notification was an administrative error and that the appellant's registration had never been renewed.
The motion was dismissed, allowing the appeal of the notice of proposal to proceed on its merits.
