Morin v. Ontario New Home Warranty Program, (1992) 54 O.A.C. 347 (DC)

• Judge: Rosenberg, McKeown and Bell, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: November 28, 1991
• Jurisdiction: Ontario
• Citations: (1992), 54 O.A.C. 347 (DC)

Morin v. New Home Warranty (1992), 54 O.A.C. 347 (DC)

MLB headnote and full text

Lou Morin and Sybil Shaver (applicants/respondents in appeal) v. Ontario New Home Warranty Program (respondent/appellant)

(File No. 845/90)

Indexed As: Morin v. Ontario New Home Warranty Program

Ontario Court of Justice

General Division

Divisional Court

Rosenberg, McKeown and Bell, JJ.

February 17, 1992.

Summary:

Morin bought a condominium and claimed under the Ontario New Home Warranty Program for breach of warranty. The admin­istrators of the program ruled that Morin's claim was not made within the prescribed one year warranty period. On appeal the Commercial Registration Appeal Tribunal held that the claim was not out of time. The program appealed.

The Ontario Divisional Court dismissed the appeal.

Building Contracts - Topic 3362

Liability of builder - New home warranty programs - Limitation period - A new condominium unit was ready for occu­pancy in June 1985 - The title to the unit was transferred to one of the shareholders or joint venturers who tried to sell the unit - The unit remained vacant until October 1986 when it was sold to Morin - In August 1987 Morin made a claim under the Ontario New Home Warranty Program - The program rejected the claim because it was not made within one year from June 1985 - The Ontario Divisional Court held that the claim was not out of time - The court stated that Morin was the first occu­pant and his claim was within one year of the date Morin bought the unit - See para­graph 14.

Consumer Law - Topic 8

Interpretation of legislation - The Ontario Divisional Court stated that consumer protection legislation should be liberally construed in order to provide consumer protection - See paragraph 14.

Statutes Noticed:

Minister of Consumer and Commercial Relations Act, R.S.O. 1980, c. 274, sect. 11(5) [para. 12].

Ontario New Home Warranties Plan Act, R.S.O 1980, c. 350, sect. 1(g) [para. 13].

Counsel:

Janice B. Payne, for the appli­cants/respondents in appeal;

Netanus Rutherford, for the respon­dent/appellant.

This appeal was heard by Rosenberg, McKeown and Bell, JJ., of the Ontario Divisional Court on November 28, 1991. The decision of the court was delivered orally by Rosenberg, J., on February 17, 1992.