Vernon Balaban

The applicants appealed a decision by Tarion Warranty Corporation denying their claims for various alleged defects in their new home, including issues with a glass shower, cabinet doors, ceiling unevenness, chipped bricks, and a garage door.

The Licence Appeal Tribunal reviewed the evidence and found that most of the items were either normal wear and tear, within acceptable construction tolerances, or adequately repaired by the builder.

The Tribunal allowed the appeal only with respect to the garage door frame, ordering Tarion to pay $350 for its repair.

On a summary judgment motion, a city employee sought dismissal of a claim alleging damages for disclosure of personal information contrary to privacy legislation.

The court held that a bare allegation of breach of the Municipal Freedom of Information and Protection of Privacy Act did not disclose an independent civil cause of action absent pleaded negligence or another actionable wrong.

The court also found the defendant acted in good faith in carrying out municipal duties and therefore fell within statutory immunity under s. 391 of the City of Toronto Act, 2006.

The action was dismissed as disclosing no cause of action and as statute barred, with costs payable to the moving party.