Licence Appeal Tribunal
FILE: 7948/ONHWPA
CASE NAME: 7948 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
Appellants
-and-
Tarion Warranty Corporation
Respondent
-and-
MCR Homes Inc.
Added Party
REASONS FOR DECISION AND ORDER
ADJUDICATOR: Kenneth W. Koprowski, Vice-Chair
APPEARANCES:
For the Appellants: Self-represented
For the Respondent: Danielle Peck, Counsel
For the Added Party: Jack Sousa, Counsel
Heard in London: December 10, 2013, March 11, 12, May 6, and June 11, 2014
BACKGROUND
This is an appeal by the Appellants to the Licence Appeal Tribunal (the “Tribunal”) from a Decision Letter of Tarion Warranty Corporation (“Tarion”) dated February 19, 2013, with respect to a new home purchased from MCR Homes Inc. (the “Added Party”), in which Tarion denied the remaining unresolved matters in the Appellants’ claim.
On March 1, 2011, the Appellants, who are husband and wife, took possession of a house newly-built by the Added Party. There then began a lengthy period of discussions between the Appellants, the Added Party and Tarion about various deficiencies that the Appellants alleged were the fault of the Added Party and that they believed should be warranted by Tarion under the Ontario New Home Warranties Plan Act (“the Act”). They filed their 30-Day Form and Year-End Form within the period of time required by the Act.
After a pre-hearing held on June 11, 2013, the Tribunal ordered that, of the 92 items in the Decision letter, only the following items were to be the subject-matter of this appeal. Those items, described exactly as they were described in the Decision Letter, and by their respective paragraph numbers, were as follows:
Paragraph 2 – Front entrance –Platform Front entrance patio stone
Paragraph 3 – Kitchen – Crown Moulding in kitchen the size it was shown at the time of purchase
Paragraph 4 – Main shower – Glass door no frame, hinges only (Thicker glass)
Paragraph 12 – Basement – Hardwood on the landing has gaps in them bigger than a quarter
Paragraph 23 – Dining room hardwood has gaps bigger than a dime, in most of the floor
Paragraph 35 – Kitchen panel above the microwave still outstanding issue from 30 day list has not been resolved 100% as of yet, also there are two coming out from the side panel, needs to be fixed
Paragraph 51 – Living room light comes inside the fire box by the vent never seen checked with company makes it as per them it should be sealed 100% (huge risk carbon monoxide)
Paragraph 80 – Outside – Driveway patio stone are not levels (sic) also between garage floor and stones not level day one issue
Notwithstanding the above Order of the Tribunal, the Appellants, on the opening day of this hearing, insisted with the Tribunal that they never removed, from their complaints, item number 1 in the Decision