5 total
Tribunal orders Tarion to perform expanded remedial work for air barrier defects in new home.
The appellants appealed a decision by the Tarion Warranty Corporation regarding a claim for air leakage in their new home.
While Tarion had already paid $20,641.08 based on a localized repair estimate, the appellants argued the scope of work was insufficient to resolve the defect across the entire rear elevation.
The Licence Appeal Tribunal found that the warranty breach extended beyond the localized area to include the entire length of the master bedroom rim joist and the area above the great room window.
The Tribunal ordered Tarion to perform or arrange the necessary remedial work for this expanded scope, with liability limited to costs exceeding the amount already paid.
Two-year warranty claim for water penetration allowed due to poor grading; major structural defect claim dismissed.
The appellants appealed the denial of their two-year warranty and major structural defect (MSD) claims by Tarion Warranty Corporation regarding their newly constructed home.
The Tribunal found a breach of the two-year warranty due to water penetration in the garage caused by deficient lot grading and insufficient waterproofing, ordering the respondent to perform specific repairs.
However, the Tribunal dismissed the MSD claim, finding the appellants failed to prove that high humidity, a foundation crack, and sediment in the weeping tiles resulted in the failure of a structural load-bearing element or materially affected the use of the home.
A preliminary motion by the appellants to anonymize the decision was also denied.
Appeal allowed and consent condition modified on consent to facilitate residential lot severance.
The applicant appealed the Committee of Adjustment's decision regarding a condition of provisional consent for the severance of a residential lot.
The parties reached a settlement to modify the condition relating to the subdivision agreement.
Based on uncontroverted expert planning evidence, the Tribunal found the modified condition reasonable, consistent with the Provincial Policy Statement, and in conformity with the City's Official Plan.
The appeal was allowed and the condition was amended in accordance with the minutes of settlement.
Minor variances for side yard setbacks and lot coverage authorized for single detached dwelling.
The appellant appealed the Town of Grimsby Committee of Adjustment's refusal of minor variances to permit the development of a two-storey single detached dwelling.
The requested variances sought relief for reduced side yard setbacks and increased lot coverage.
The Tribunal accepted the uncontested expert planning evidence that the variances met the four tests under s. 45(1) of the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan.
The appeal was allowed and the variances were authorized subject to tree preservation conditions.
Tribunal approves settlement for residential subdivision and zoning by-law amendment in County of Brant.
The applicant appealed the County of Brant's failure to make a decision on applications for a zoning by-law amendment and plan of subdivision to permit a residential development.
Prior to the hearing, the parties reached a settlement.
Based on the uncontroverted expert planning evidence, the Tribunal found the proposed planning instruments were consistent with the Provincial Policy Statement, conformed to the Growth Plan and the County's Official Plan, and represented good land use planning.
The Tribunal allowed the appeals in part and approved the zoning by-law amendment and draft plan of subdivision.
