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Old 2020-01-07, 06:49 AM
ABoatNerd ABoatNerd is offline
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Join Date: Aug 2015
Location: ottawa
Posts: 24
Default New - Re-Open A Year 2 Warranty????

Morning everyone:


1) What can be done to re-open a 2 year warranty? If not,

2) What other approaches can be used to get satisfaction?


I am 3.5 years since closing.

My backyard property is repeatedly flooded due to construction and grading errors. Water reaches the foundation.

Tarion is ready to do a conciliation but does not think my situation is a MSD.

But the 2 year is closed.

The Tarion rep seems interested and sympathetic.


I listed the surface water issue on my 30, 1 and 2 year forms. Did not request a conciliation as options were being worked on.

My builder in Ottawa made major grading and construction decisions and mistakes on the adjacent property (mostly) and on mine.

The result is surface water flooding on my property upwards of 4 inches from time to time and less than this amount on a regular basis.

The water has reached my foundation - but I have no evidence it has penetrated the foundation.

The City of Ottawa and the builder came up with a good solution right after the expiry of the 2 year warranty. Unfortunately the adjacent property owner would not agree. Since Sept 2018 the builder and city doing workarounds that do not come close to meeting the approved surface water management strategy for my lot and the subdivision. Hired a private engineer who agreed.

We finally had enough when the water was at the foundation - hence contacted Tarion.

The Tarion rep says my issue does not meet the requirements of a MSD and my 2 year is closed.

Is there any options for me with Tarion?

I would greatly appreciate some advice and expertise.

I am kicking myself for being too cooperative with the builder and running down the clock.

Thank you kindly.
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Old 2020-01-08, 07:49 PM
Halton Home Inspector Halton Home Inspector is offline
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Join Date: Dec 2008
Location: Milton
Posts: 790

You need to call your local municipality for help and there is a 50 50 chance that they will help you. Some municipalities are helpful and others could give a rats ass about your concerns.

IMO its too late to go through Tarion but if they are willing to help then get all the help you can.

Ontario building codes require that

1) your lot grade must slope away from your home, and
2) the back fill around your foundation slopes away from your home after it settles, and
3) that lot grading does nor adversely effect adjoining properties.
For the new home warranty inspection services you need and deserve call Andy Shaw at 905 876 4761
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Old 2020-01-11, 03:11 PM
ABoatNerd ABoatNerd is offline
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Join Date: Aug 2015
Location: ottawa
Posts: 24
Default Thank you

Greetings Halton Inspector.

You are worth your weight in gold, your public service here on this board is greatly appreciated.

Tarion has been rather helpful I must say - they have gone out of their way. They wrote me an email implicating the City of Ottawa which will help.

I think the developer realizes their liability so we have signed a conciliation extension until July 31. The developer rep called and we had a good discussion. They have developed a plan to install a wall between us and the problem neighbour - they figure he may drown but they know we are more dangerous to them than my incompetent neighbour!!!

My target is now the City of Ottawa given their documented incompetence. Small claims court is the next step - want to expose the arrogant bureaucrats in the Planning, Infrastructure and Economic Develoment department.

I am sharing my situation here so others may see it and perhaps it will help them.

There is an old farm saying "Many hands make light work" - this applies to this fabulous board.

Will keep in touch!
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