Ron Sleightholm

The applicants appealed the Town of Caledon's refusal of a minor variance application to permit a 'transportation depot' for a stretch limousine service on a property designated as prime agricultural.

The applicants argued the use was akin to a home occupation and would not negatively impact the area.

The Town maintained that a transportation depot is an industrial/commercial use not permitted in agricultural zones and differs substantially from a home occupation.

The Tribunal agreed with the Town, finding that the variance failed all four tests under section 45(1) of the Planning Act, as it would effectively rezone the property to general industrial.

The appeal was dismissed.

The appellant purchased a property six years after its first occupation and discovered significant water penetration and structural issues in the basement.

Before notifying Tarion, the appellant undertook extensive excavations and repairs costing over $250,000.

The Tribunal found that while two issues (an inadequately supported LVL beam and a knee wall) constituted major structural defects under the Ontario New Home Warranties Plan Act, the appellant's claim must fail.

By undertaking extensive self-help repairs before contacting Tarion, the appellant denied Tarion its statutory right to inspect the defects and determine the necessary scope of repairs.