Patrick Greco

The appellant condominium corporation missed the deadline to request conciliation from Tarion regarding first and second-year warranty claims for common element deficiencies.

Tarion deemed the claims withdrawn and refused to extend the deadline.

The appellant appealed to the Licence Appeal Tribunal, arguing that extraordinary circumstances caused the delay.

The Tribunal found that a combination of factors, including the sudden death of the property manager's spouse, an overwhelming workload, chaotic records left by a previous manager, and miscommunications with an engineering consultant, constituted extraordinary circumstances.

The appeal was allowed, and Tarion was ordered to extend the deadline and accept the conciliation request.

The Appellant condominium corporation appealed a decision by Tarion Warranty Corporation disallowing a first-year warranty claim for foundation leaks.

The Appellant argued that the builder failed to install dampproofing and drainage layers to ground level, contrary to the Ontario Building Code.

Tarion and the builder argued the claim was invalid because it was originally characterized as a lack of 'waterproofing' and that the installation met the functional intent of the Code.

The Licence Appeal Tribunal allowed the appeal, finding that the defect was sufficiently identified within the warranty period and that terminating the materials below ground level violated the Code and caused leaks.

Tarion was ordered to ensure the necessary repairs are completed.

The applicant filed 14 separate human rights applications against various respondents, alleging discrimination on multiple grounds.

The Tribunal held a joint summary hearing to determine whether the applications should be dismissed for delay or for having no reasonable prospect of success.

The Tribunal dismissed the majority of the applications, finding that the applicant failed to demonstrate good faith for the delay or failed to plead facts that could reasonably lead to a finding of discrimination.

Portions of the applications against Ryerson University, the Toronto Catholic District School Board, and Metroland were permitted to proceed, with the applicant ordered to provide further particulars.