The appellants appealed a Licence Appeal Tribunal decision regarding the quantum of damages for warranted defects in the exterior brick cladding of their new home.
The Tribunal had awarded $16,724 to repair the front of the house, rejecting the appellants' claim for over $200,000 to rebrick the entire home.
On appeal to the Divisional Court, the appellants argued the Tribunal erred in law by failing to apply the test from Ducas and by taking a functional rather than prescriptive approach to the Building Code.
The Divisional Court dismissed the appeal, finding the Ducas test inapplicable to the one-year warranty at issue and holding that the Tribunal properly assessed the scope of damages based on the evidence.
