The appellants appealed a decision by Tarion Warranty Corporation denying a warranty claim for kitchen defects in their new home.
Tarion brought a motion to add the builder, Country Wide Homes, as a party to the appeal, arguing the builder had a significant financial and reputational interest.
The homeowners consented to the motion.
The Licence Appeal Tribunal dismissed the motion, finding that Tarion failed to establish the builder's significant interest, particularly noting that the builder took no steps to participate in the motion or establish its right to be added.