ADI Developments v. Tarion Warranty Corporation, 2025 ONSC 6628

Court File and Parties

CITATION: ADI Developments v. Tarion Warranty Corporation, 2025 ONSC 6628

DIVISIONAL COURT FILE NO.: 288/25

DATE: 20251128

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: ADI DEVELOPMENTS (MASONRY THE WEST) INC. and ADI DEVELOPMENTS (MASONRY) INC., Applicants

AND:

TARION WARRANTY CORPORATION, Respondent

BEFORE: Justices Backhouse, D.L. Corbett, and Rees

COUNSEL: Adriana Forest, and Jacob Bershadsky, Counsel for the Applicants

Alex MacDonald, Counsel for the Respondent

HEARD: November 25, 2025

Endorsement

1We conclude that we do not need to hear from the Respondent. We see little merit to the Application.

2Tarion is at risk for major claims under the 7-year warranty. The registration of the Applicants was revoked by Consent Order and the circumstances giving rise to that Consent Order justified Tarion’s concern about the risk that potential 7-year warranty claims should continue to be secured.

3In our view, the discretion exercised by Tarion was exercised reasonably on the basis of all the circumstances.

4The Application is dismissed with costs payable by the Applicants to the Respondent in the agreed amount of $22,319.98 payable within 30 days.

Backhouse J.

D.L. Corbett J.

Rees J.