The appellant appealed Tarion's denial of her claim for warranty coverage regarding a new condominium unit.
The appellant sought the return of her deposit, arguing she had validly rescinded the agreement due to delayed closing.
The Tribunal found that the appellant had exhausted her right to rescind the agreement when she signed an occupancy agreement and took possession of the unit.
The appeal was dismissed and Tarion's decision to deny the claim was upheld.
