BUILDER ("Applicant" and TARION WARRANTY CORPORATION ("Respondent ...

The aforementioned mortar splatter around the exterior of the home is the
alleged "Warrantable Item" under consideration in this hearing.
The Builder was not inattentive or evasive and cleaned the bricks around the
house in the fall of 2008 in order to remove the mortar splatter.
The Homeowner was apparently unsatisfied with the results of the cleaning and
continued to consider the remaining mortar splatter excessive and on or about
December 12, 2008, requested Tarion to conduct a conciliation inspection (and
delivered to Tarion the "conciliation request form").
The Builder contacted the Homeowner on or about January 8, 2009 in an effort
to resolve the matter, but in fact it was not resolved and following the usual
Tarion Warranty process, a conciliation inspection took place on February 3,
2009. Tarion's representative, Tiffany Hallatt, observed what she considered to
be excessive mortar splatter.
On February 5, 2009, Tarion issued a Warranty Assessment Report (the
"WAR"). The relevant part states as follows:
Item:
(21) Exterior Mortar splatter on bricks around the house needs to
be washed off
Observation:
The homeowner pointed out the mortar on the bricks around the
house.
On the surrounding masonry exterior of the home the observation
was made from a normal viewing position being 6m under natural
lighting conditions and the mortar was noted as excess. Refer to
section 4.16 of the Construction Performance Guidelines.
The builder stated that a contractor had been to
the house prior to the inspection.
Assessment: WARRANTED
Under section 13( 1)( a)(i) of the Act, every vendor
of a new home warrants that the home is constructed in a
workmanlike manner and is free from defects in material for a
period of one year after the date upon which the home is completed
for possession. The builder is required to remedy the defects and
complete the repairs in a workmanlike manner in keeping with the
requirements of the Ontario Building Code.
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