We have previously blogged about Ontario’s Emergency Order and its impact on various legal time periods including delayed occupancy and repair periods, limitation periods, and conciliation and repair deadlines. Tarion, the provider of Ontario’s new home warranty protection plan, recently released an updated advisory for homeowner and builders with respect to the reinstatement of timelines. The advisory can be read here.
Some of the key takeaways from Tarion’s advisory include:
- Homeowners and condominium corporations with warranty claim submissions that were due between March 16, 2020 and September 11, 2020 will have until Friday, September 11, 2020 to submit the relevant forms. This includes warranty forms for 30-day period, year end, second year, major structural defects, delayed closing, performance audits, financial loss and deposit claims.
- Any forms due after September 11, 2020 should be submitted on time in accordance with their regular deadline.
- Conciliation requests that were eligible to be submitted between March 16, 2020 and September 11, 2020 must be submitted on or before September 11, 2020.
Builder repair periods
- From July 13, 2020 through August 26, 2020 inclusive, builders will be able to remobilize trades, supplies and staff and organize scheduling. During this period, builders will need to respond to emergency health and safety warranty issues.
- Builder repair periods commence on August 27, 2020 for warranty forms submitted between March 16, 2020 – August 26, 2020.
- Builder repair periods also commence on August 27, 2020 for warranty forms submitted prior to March 16, 2020. August 27, 2020 will be treated as the day after March 16, 2020 in terms of computing the builder repair period.
- Builders are expected to communicate with condominium corporations and homeowners regarding inspection scheduling and safety measures.
Inspections
- Tarion started inspections on July 13, 2020 following health and safety guidelines endorsed by the provincial government.
- Prior to inspections, homeowners and builder representatives will need to complete a pre-screening questionnaire.
We encourage all condominiums to pay close attention to Tarion advisories as time is often of the essence with Tarion periods and deadlines.
