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Legal Judgements

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Selection of Legal Judgements

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Here is a 2023 case from Nova Scotia: The builder tried to hold the purchasers of a newly built home responsible for price increases in materials, but the Judge found in favour of the purchasers of the newly built home:

Faulkner v. Nature Ridge Homes Ltd. – Nova Scotia Courts (



This is an interesting 2012 case in Ontario in which, following homeowners’ complaints, the Ontario Ministry of Consumer Services charged a company/owner under the Ontario Consumer Protection Act in the case of a home that was also covered by the Ontario New Home Warranties Plan Act (Tarion Warranty Corporation).

R. v. K-Tech Building Systems Inc., 2012 ONCJ 219 (CanLII) – paras 114-115, and 149

See the case of a homeowner who went to the Licence Appeal Tribunal – and won

Oct. 21 2011 – HVAC LAT 5558 Decision

Ontario Judge agrees that builder had a responsibility to disclose that the condominium had mould and ruled that the purchaser was entitled to rescind agreement and was entitled to the return of the deposit.

Citation:  Atkinson v. TWS Developments Inc.
Date:  2005-06-09
Docket:  02-CV-239636 SR

Municipality and real estate agent found jointly liable for home with Code violation
Citation: Wood v. Hungerford (Township)
Date: 2004-10-20
Docket: 0651/98

Builder loses to homeowners (again) at License Appeal Tribunal (LAT) appeal
Citation: Ashcroft Homes v. Fuller
Date: 2003-11-26
Docket: 02-DV-000718

Builder and municipality found liable for construction issues
Citation:  Mariani v. Lemstra
Date:  2003-02-14
Court File No. 5635/93, O.J. No 750

Appeal alters previous judgment
Citation:  Mariani v. Lemstra
Date:  2004-05-12
Court Docket:  C39746, O.J. No. 4283

Builders must fulfil their promises

Citation: Lattavo v. 770373 Ontario Ltd.
Date: 2004-08-13
Docket: 01-CV-221780SR

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