A panel of three Divisional Court Judges have affirmed that when a homeowner sells their home, they lose their standing to maintain a Tarion warranty claim under the Ontario New Home Warranties Plan Act (the “Act”).
Ms. Blair took possession of her new condominium townhome in February, 2010. Thereafter she made a complaint to Tarion about insufficient heating in the home. Ultimately, Tarion ordered that duct modification work was required in all nine townhouse units in the complex.
Ms. Blair installed a gas fireplace in her home without Tarion’s approval (to address the heating issue) and claimed compensation for the . . . [more]