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

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

[2] Tarion 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 The registration of the Applicants was revoked by Consent Order and the circumstances giving rise to that Consent Order justified Tarion’s concern about the risk that potential 7-year warranty claims should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.

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

[4] The 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.

Released: November 28, 2025