Barbara Captijn, consumer protection advocate
Ontario’s Tarion agency provides a government-backed home warranty program for problems arising with workmanship in new homes. When claims are denied, Tarion and the building industry defend that decision in the Ontario Licensing Appeal Tribunal – where Tarion and the builders are always represented, and homeowners usually are not (homeowners lose 80% of the time). On our podcast today we have two guests: Barbara Captijn, a consumer advocate, who describes how the LAT process represents a deeper problem inside the tribunal system where so many people come without legal representation; and Andy Szabo, who speaks about his eight year experience appearing self-represented at the LAT. In other news: a local Windsor anti-human trafficking program has received an Award of Distinction from the Attorney General; and there is a new report on self-represented litigants out of Virginia.
Related Links:
Legal journalist Alan Shanoff has been writing about Tarion for years (Law Times)
Justice Cunnigham’s report and recommendations (Ontario government)
Canadians for Properly Built Homes
Homeowners upset new-home warranty monopoly allowed to continue (Windsor Star)
Ontario 2018 Victims Services Awards of Distinction (Ontario government)
No words can describe the LAT adjudicator’s BIAS against the unrepresented.
BIAS on facts, and law. Actual words of LAT adjudicators:
“The Supreme Court of Canada Pintea v Johns is irrelevant”
(LAT ordered Tarion and BUILDER to comply with rules and provide evidence and submissions – BEFORE the FINAL hearing)
Of course they did not.) so LAT adjudicator stated – at the FINAL hearing:
“Tarion does not wish to give up their tactical advantage…”
“Tarion must be given a chance to present evidence and submissions.”
“BUILDER must be given a chance to present evidence and submissions.”
I have also had some horrible experieces with our ONHWA (Tarion) 2011 reported defect on Tarion’s year end form, build repaired, 2012 repairfailed and reported on 2 year form.
Builder repaired again, year later repair failed again, had a conciliation inspection and claim was denied, i asked for Tarion to reinspect and wss denied again. I did not give up this fight, by sending emails to everyone in government, by Feb. 2014 a total of 6 people at Tarion had denied our claim including Tarion’s own ombudsmen. Again i would not give up, eventually after our 7 year warranty had expired by November 2014, Tarion decided to reassess the matter withvs structural engineer which I demanded Tarion should supply at their expense, not as they had earlier suggested for me to hire at my expense. The failed repairs were finally adressed by April 2015. The stress on our family could have been avoided had Tarion done it’s job as a warranty provider. But there is much more here than I can provide here, our brand new house which we moved into in July 2015 was also full of defects, this is another story fo snother day.
As SAD and as BAD as Tarion is, homeowners need to understand that we/they MUST be prepared for the long haul. Unfortunately I sincerely believe that Tarion is BANKING money on the fact that people will move on, give in, give up, get fed up! That’s what Tarion brags about: “The Tarion Way” “40 Years of Building Trust” DISGUSTING!
If Tarion supposed to regulate new home construction, how well is it enforcing the rules on builders and quality of construction? Is it lacking tools to get builders to build to code?