Applicants purchased two new adjoining townhouses. Applicants noticed extensive water penetration at properties and made claim to respondent. Respondent investigated and denied applicant’s claim for water penetration. On appeal, tribunal directed respondent to carry out necessary steps to determine cause of water penetration and to ensure that necessary repairs were completed. Applicants brought motion for order finding respondent in contempt of tribunal’s order. Motion dismissed. Order was clear on its face. However, there was no evidence that respondent willfully and deliberately disobeyed tribunal’s order. Respondent had taken numerous steps to identify cause of water penetration and repair leakage. There was no evidence that showed contempt beyond reasonable doubt. Respondent demonstrated intention to carry out and satisfy order.
Cheng v. Tarrion Warranty Corp. (Mar. 10, 2015, Ont. S.C.J., Carole J. Brown J., File No. CV-14-514780) 252 A.C.W.S. (3d) 699.