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Tarion forum failing builders

Thursday, October 27, 2016 @ 8:00 PM | By Brian Campbell

The Builder Arbitration Forum (BAF) created by the Tarion Warranty Corporation, pursuant to Bulletin 41, sets out a procedure for builders to appeal unfavourable Tarion conciliations to an arbitrator.

Bulletin 41 does not have the force of statute or regulation; although the bulletin is designed to provide builders a right of appeal to the BAF from findings of breaches of warranty, such rights are subject to Tarion’s exclusive discretion.

Theoretically, but not in practice, BAF allows builders to appeal all unfavourable conciliations to that forum, including...