Licence Tribunal

Appeal d'appel en Tribunal matière de permis

DATE: 2012-04-20

FILE: 6026/ONHWPA

CASE NAME: 6026 v. Tarion Warranty Corporation

An Appeal of a Decision of Tarion Warranty Corporation under the Ontario New Home Warranties Plan Act, R.S.O. 1990, c. O.31 – to Disallow a Claim

Applicants Applicants

-and-

Tarion Warranty Corporation Respondent

-and-

Mattamy (Warden) Limited Added Party

REASONS FOR DECISION AND ORDER

ADJUDICATOR: Ken Selby, Member

APPEARANCES:

For the Applicants: Applicants, self-represented

For the Respondent: Gregory Banks, Counsel

For the Added Party: Neil Kaufman, Counsel

Heard in Toronto: March 22, 2012

REASONS FOR DECISION AND ORDER

This is an appeal by the Applicants to the Licence Appeal Tribunal (the “Tribunal”) from a Decision Letter of Tarion Warranty Corporation (“Tarion”) dated March 30, 2010, with respect to a new home purchased from Mattamy (Warden) Limited (the “Added Party”), in which Tarion denied the Applicants’ claim.

FACTS

The Applicants have had problems with the heating system in their home. The Added Party has made some repairs and adjustments to the system including some quite recent changes.

ISSUES

Given the very recent warm weather the Applicants believe that they have not had an adequate opportunity to evaluate the recent modifications to their heating system.

ORDER

Pursuant to the authority vested in it under the provisions of the Act, the Tribunal directs that:

a) this appeal be dismissed for lack of post repair evidence without prejudice to the Applicants’ right to make a claim under the current repairs, and

b) Tarion warrants the current heating system repairs until March 1, 2013.

LICENCE APPEAL TRIBUNAL

Ken Selby, Member

RELEASED: April 20, 2012