Noah Bonder

The Appellant appealed Tarion's decision to deny her warranty claim regarding the lack of a railing around a ground floor balcony.

The Appellant argued she was promised a railing during negotiations and that the Ontario Building Code required one because the drop exceeded the regulatory minimum in one spot.

The Tribunal found that the Agreement of Purchase and Sale contained an entire agreement clause excluding prior representations, and did not require a railing.

Regarding the grading, the Tribunal found the drop exceeded the limit by a fraction of an inch in one small area, and ordered Tarion to add topsoil to bring it into compliance rather than installing a railing.

The appeal was otherwise dismissed.

The applicants sought an extension of time to appeal a decision by Tarion Warranty Corporation denying their claim for financial loss due to the non-completion of their new home.

The applicants missed the 15-day appeal deadline and delayed six months before notifying Tarion of their intent to appeal, after discovering additional cancelled cheques.

The Tribunal dismissed the motion, finding that the applicants failed to demonstrate a firm intention to appeal throughout the delay period, and that the merits of the case were not overwhelming enough to outweigh this failure.