BUILDER ("Applicant" and TARION WARRANTY CORPORATION ("Respondent ...
BUILDER ("Applicant" and TARION WARRANTY CORPORATION ("Respondent ...
BUILDER ("Applicant" and TARION WARRANTY CORPORATION ("Respondent ...
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I have found that there are some mortar stains evident in the 20 foot photographs<br />
taken by the Builder. Nonetheless, they fall wìthin the category of "non-perfection"<br />
<strong>and</strong> do not detract from the appearance of the home such as to be warrantable.<br />
A breach of warranty is not made out <strong>and</strong> the concilation is therefore not chargeable<br />
to the Builder<br />
In accordance with the Builder Arbitration Forum Procedural Rules, the unsuccessful<br />
part is obligated to pay the Arbitratots fees. Tarion was wholly unsuccessful in this<br />
arbitration <strong>and</strong> is responsible for my costs. The Builder's deposit should be refunded<br />
to it without interest after delivery of this Award.<br />
DATED at Toronto this 18th day of September, 2009.<br />
L~, 0<br />
--------------------~<br />
BRIAN H. SOMER<br />
Arbitrator<br />
16
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