Mario Gravel

The Appellant purchased a condominium unit and the vendor delayed closing due to a province-wide elevator strike, invoking the Unavoidable Delay provisions.

The Appellant argued the vendor failed to properly notify him of the end of the delay period, entitling him to $7,500 in delayed occupancy compensation.

The Licence Appeal Tribunal found that the vendor took all reasonable steps to inform the Appellant and properly set a new firm occupancy date based on the best available scheduling information.

The Tribunal upheld Tarion's decision to deny the warranty claim.

The appellants appealed a decision by Tarion Warranty Corporation denying their claim that a basement wall crack leading to a water leak constituted a major structural defect.

The Licence Appeal Tribunal found that the water penetration was limited to a small foyer area, was easily cleaned up, and did not result in lasting damage or prevent the use of a significant portion of the home.

The Tribunal concluded the issue did not meet the definition of a major structural defect and directed Tarion to deny the warranty claim.

The appellant appealed a permanent injunction preventing him from interfering with a mutual driveway and sought leave to appeal the costs awarded.

The respondent moved to quash the appeals due to late filing.

The Court of Appeal quashed the appeal of the injunction order, finding it lacked merit as the appellant had installed a fixed, locked barrier on the driveway.

However, the court dismissed the motion to quash the costs appeal, granted leave to appeal costs, and reduced the motion judge's costs award by $3,000, finding the judge erred in treating a restatement of the claim as an offer to settle attracting substantial indemnity costs.