The homeowners appealed a decision by Tarion Warranty Corporation denying their second-year warranty claim regarding their staircase.
The homeowners alleged the stair risers, treads, and carpet violated the Ontario Building Code, causing them to fall.
The Licence Appeal Tribunal dismissed the appeal, finding the homeowners failed to provide objective measurements proving the stairs exceeded Building Code tolerances, and held that the carpet claim was out of time as it fell under the first-year workmanship warranty.