Alternative methods for resolving claims
Below is an overview of each alternative option you have for resolving claims, including when you are able to request it.
Continue scrolling to find more information on each of these options.
Early Intervention
Requested if communication between the homeowner & builder has broken down, or if one of the two parties are not acting in good faith.
When to Request it:
Before making a claim, or any time during the regular claims process.
Investigative Inspection
Assessment of a warranty claim item to determine whether the item involves health & safety, an emergency, or extraordinary circumstance that require immediate attention.
When to Request it:
Before or after submitting a form.
Independent Mediation
An independent way to dispute Tarion’s warranty assessments through an easy & cost-effective process than a formal hearing at the Licence Appeal Tribunal.
When to Request it:
After conciliation & Tarion Assessment
Arbitration/Litigation
Pursue a home warranty dispute in the court system which is a unilateral process that you can initiate, or through private arbitration requires that all parties agree to the process.
When to Request it:
After completing the regular claims process.
Licence Appeal Tribunal
An independent agency established by the Ontario government that, among other things, resolves disputes related to Tarion.
When to Request it:
If you disagree with an assessment in a conciliation assessment report & after reviewing & deciding to challenge a Tarion decision Letter.
Early Intervention
Tarion’s Early Intervention process is designed for situations where the relationship between the homeowner and builder has become strained and/or the complexity of the issues make the warranty process difficult.
Early Intervention
Investigative Inspection
At the Investigative Inspection, Tarion will assess a warranty claim item to determine whether the item involves health and safety, an emergency, or other extraordinary circumstance that requires immediate attention.
Investigative Inspection
Independent Mediation
Mediation is a form of alternative dispute resolution in which two parties (in this case a homeowner and Tarion) can discuss their different positions in a confidential setting assisted by a neutral third party (the mediator). The presence of a mediator can sometimes help the parties reach a resolution, however all mediated outcomes are collaborative and must be voluntarily adopted by the parties.
Information for Condominium Corporations:
A condominium corporation who disagrees with Tarion’s warranty assessment of a common element warranty claim may also request independent mediation.
Visit our dedicated page for more information on Independent Mediation.
Arbitration/Litigation
You can pursue your home warranty dispute in the court system or through private arbitration. A legal action in the courts is a unilateral process that you can initiate. In contrast, private arbitration requires that all parties agree to the arbitration process.
If you are interested in these options, it is worth speaking with a lawyer as soon as possible in order to avoid statutes of limitations that may prevent you from starting litigation after a certain amount of time has expired.
While it is not necessary to have legal representation, it is strongly recommended.
The Law Society of Ontario’s Referral Service can help you find a lawyer or paralegal. Visit their website at https://lsrs.lso.ca/lsrs/welcome.
What to Expect from Tarion
Tarion strives for the highest ethical and professional standards in dispute resolution proceedings. Click here to learn more about our dispute resolution guidelines.
Licence Appeal Tribunal
The Licence Appeal Tribunal (LAT) is an independent agency established by the Ontario government that, among other things, resolves disputes related to Tarion. Under the Ontario New Home Warranties Plan Act, LAT has the power to change a Tarion warranty decision.
Tarion strives for the highest ethical and professional standards in dispute resolution proceedings. Click here to learn more about our dispute resolution guidelines.
How to make an appeal
If you disagree with an assessment in a Conciliation Assessment Report, contact Tarion to request a Decision Letter. The Decision Letter will provide reasons for the warranty assessments that you wish to challenge.
Next, you must file a Notice of Appeal and pay a filing fee to LAT within 30 days from receiving the Decision Letter.
For more information on how to file a Notice of Appeal, visit LAT’s website.
What happens after you make an appeal
After you file the Notice of Appeal, LAT will schedule a case conference between you, Tarion, and a case conference adjudicator from LAT. The case conference is conducted by conference call, not in person.
The goal of the case conference is to determine the issues in dispute, try and settle some or all of those issues and, if the appeal does not settle, set a hearing date and the procedural steps required before the hearing.
How to prepare for the case conference
- Review the Decision Letter to ensure the issues/items under appeal are accurate
- Be prepared to speak briefly to each item in the Decision Letter. What do you think is wrong with the item, why do you disagree with Tarion’s decision, and what solution are you looking for?
- Gather any repair quotes or reports that you might already have for the items in dispute
- Consider how many witnesses you might want to call at the hearing so LAT can estimate the time required for the hearing
- If you wish to engage in a settlement discussion, consider what sort of solution you want, and which items in the Decision Letter are most important to you
What happens during a hearing
An in-person hearing is like an informal court trial led by an adjudicator assigned by LAT.
The adjudicator begins by giving an introduction, and possibly an overview of the process. You and Tarion will then have a chance to make an opening statement. Your opening statement is typically a non-argumentative overview of the evidence you plan to present.
After opening statements, you and Tarion take turns calling witnesses to give oral testimony and introduce documentary evidence. Witnesses may be questioned up to three times:
- first by the person who called the witness to the hearing;
- second by the other party, who may want to cross-examine the witness; and,
- possibly a third time by the original person for a re-examination.
After witnesses you, followed by Tarion, will make closing statements. This is your opportunity to argue your case to the adjudicator based on the evidence at the hearing and the relevant law. After Tarion’s closing statement, you’ll have an opportunity to reply to Tarion's position.
The adjudicator may ask you or your witnesses questions, and may modify the procedure of the hearing as necessary.
How to prepare for a hearing
Three important things to think about before your hearing are:
- Evidence that supports your position, including pictures/videos of defects, your purchase agreement, expert reports, repair quotes, experts with opinions about the defects, and non-experts who have made observations.
- The laws and standards that apply to the warranty items under appeal. This includes previous court or LAT cases with similar issues, warranty coverage set out in the Ontario New Home Warranties Plan Act, the standards set out in the Construction Performance Guidelines, any applicable industry or manufacturer guidelines, and the requirements in the Ontario Building Code.
- How the appeal process will be conducted. Review LAT’s Rules of Practice and Procedure, which are available on its website.
LAT’s website has resources to help you prepare for a hearing on the topics of evidence, disclosure, and witnesses. It will also direct you to www.CanLii.org, a public and free legal research tool that you can use to research previous LAT decisions.
What to expect from Tarion during this process
Tarion strives for the highest ethical and professional standards in dispute resolution proceedings. Learn more through our guide on dispute resolution.