08-20-2024, 11:27 PM
(08-11-2024, 02:49 AM)baseballkid123 Wrote:(07-31-2024, 09:30 PM)GarmentGate Wrote: The following is part of a court filing:
On October 30, 2022 I submit a Tarion Delayed Closing/Occupancy Form. A copy is sent to Victoria Street.
On November 23, 2022 I receive a response from Slonee Malhotra of Sorbara Law. Included are the assertions:
“As per the Act, the Tentative Closing Date Agreement of Purchase and Sale and its Addendum, the Vendor has provided you with the required notice for any and all delays”
“Each instance of an extension was carried forward through providing the Purchaser with a copy of the appropriate Notice within the requisite time period. As long as the Outside Occupancy Date is not exceeded, your builder can extend your Occupancy Date without paying you delayed occupancy compensation”
“All notices ending unavoidable delays were provided no later than 20 days after the Vendor knew or ought to know that the unavoidable delays had concluded and setting new critical dates”
“We hope that this information satisfies you that there is no further action warranted on this claim.”
On June 16, 2023 I submit a Tarion Request for Warranty Assessment.
On or about January 9, 2024 I receive the Tarion Claim Resolution Schedule. Conclusion:
The August 15, 2022 notices ending the Strike, Flood, and Covid-19 UD Events (as well as the April 8, 2022 Covid-19 UD notice) did not meet the requirements of section 5 of the Addendum and therefore were ineƯective. The Critical Dates which existed at the time the first notice of the First Unavoidable Delay Event was sent, specifically the Firm Occupancy Date of May 12, 2022, remained unchanged.
The Purchaser is entitled to Delayed Closing Compensation for the time period between the Firm Closing Date of May 12, 2022 to September 6, 2022; 117 days. Therefore, the Purchaser is entitled to the maximum compensation in the amount of $7,500.00.
That is welcomed news! By the sounds of it you are well on your way to collect $7,500 (117 x 150 daily amount up to max of 7,500?). Congrats!
Unfortunately at this point I believe most people never filled out/claimed delayed compensation through Tarion, which from my understanding has to be filled out within 1 year of occupancy. Guessing everyone else is SOL.
Have you tried any of the suggestions (and gotten any results)? Some additional suggestions:
5. Contact the City of Kitchener. They approve development applications. CoK should be made aware if developers in the city are providing misinformation & aren't meeting their legal obligations.
https://www.kitchener.ca/en/contact-us.aspx
https://form.kitchener.ca/CSD/CCS/Contact-us
6. Contact The Media
https://www.therecord.com/site/static-pa...actus.html
News tips Do you have a news tip? Or photos for us to consider for publication? There are multiple options available for both registered and non-registered users. newsroom@therecord.com
https://www.cbc.ca/news/canada/kitchener...-1.3960034
News tips, story ideas, email: yournewskw@cbc.ca
https://kitchener.ctvnews.ca/contact-us
News: news@kitchener.ctv.ca | 519-578-1313
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Consumer Alert (Pat Foran): alert@ctv.ca
https://www.cbc.ca/news/marketplace/subm...-1.5695097
Got a gripe? Getting the run-around? Fighting the good fight? Tell us about it! You can get in touch with us a few different ways: Email: marketplace@cbc.ca