Part 27 published on 01/08/09
Court claim against Tarion can proceed.
The plaintiff condominium corporation asserted a claim against the builder for damages related to alleged original building defects and joined Tarion (Ontario’s New Home Warranty Corporation) as a defendant in the law suit.
The Court confirmed, firstly, that the condominium corporation had the right to assert the Court claim against Tarion (instead of pursuing the conciliation and other dispute-resolution processes available under the warranty legislation). The Court also said that the condominium corporation was not required to deliver forms requested by Tarion as a condition precedent to the claim. The Court said:
In my view, when reading the legislation as a whole, the filing of forms, as described in s.4(2), (3) and (4) of the Regulations, for the purposes of triggering certain mechanisms described in s. 13 through to s.16 of the statute, cannot be considered conditions precedent to being capable of suing to recover from the fund in the circumstances of this case.