Swampland, so many people shared our issues with the builder. For years, the builder and the insurance program got together to try and find a cheap fix. With so many involved, the combined financial exposure was perhaps enough to bankrupt the builder, if he was to blame.

We watched so many new homeowners gradually learning to prefer inaction. "Patch and run" has become an epidemic. In my opinion, the only people who keep fighting are those who place a higher value on social justice than they do on their own sanity.

The mafia was brought down by a few heroes, but those few could only get the evil-doers on tax evasion. So, Swampland, go ahead and gather the very few insane heroes who will last your fight, but don't expect to win this in court. Your opponent has all the best lawyers and buckets of cash, and you may be lucky to find ANY lawyer to back you, they know the game.

This is a $100billion industry with a black market, and by attacking its monopoly insurance program, you are attempting to make it more publicly accountable. That will probably not happen unless it becomes an election issue.

The builders also pay into our monopoly home insurance program, just as we new homeowners are all forced to do. As a not-for-profit, the program is not controlled by the Freedom of Information Act, or regular financial reporting obligations. It runs its own quasi-judicial system and its own court. It is self-monitoring, self-policing, and its governance/Board is nearly all self-appointed builders.

Swampland, good Sir, do you really know what your are up against? The only gathering together going on so far is your insurance payements, used to divide and conquer homeowners in court. The insurance program contributes thousands of dollars each year to the Liberal Party, why do they need to direct your insurance payments toward purely political ends?

Anyway, Swampland, if you want to lead the charge, I'll one of the insane few who are right behind you. But first, can you tell me how we can possibly fight back in a way that has not already been tried for the last few decades?

Please remember that "ALL THAT IS NECESSARY FOR THE TRIUMPH OF EVIL IS THAT GOOD MEN DO NOTHING" Now is the time for good men to show resolve. I'm another insane person that is fighting back after being robbed three years of my life. To the builder and TARION we are just a file but for us who have to live in an defective and unfinished home, it absorbs our lives completely. I also have binders full of research material and have paid inspectors and lawyers to prove to TARION and my builder the numerous code violations that exist in my home, all to no avail so far. Builders dig in their heals and use TARION as a crutch. The only way this will end is to put pressure on our politicians to have TARION under the Ontario Ombudsman. He is just waiting to do that as he is very aware of our problems.
Please use the Canadians for Properly Built Homes site to see which political party is ready to address the problems of new homebuyers. I refuse to "patch and run" even if it hurts my health, relations with neighbours and bank account.

Damn, it is good to read your comments, guys. Your words restore my faith in humanity. I am writing to the Conservative Party next, and then the Ombudsman. I guess the Liberals are a lost cause when it comes to Home Insurance Reform?

Hi justanothervictim and others. I think we have already begun to attack the injustice that is the result of inadequate new home warranty protection. We are vocalizing opposition and our outrage and we are exposing this evil for what it is.

Did you ever wonder how the buiding code violations were permitted in the first place -- I mean before the new home warranty program refused to warrant them? Your municipality is RESPONSIBLE for ensuring the mandatory home inspections are completed and building code violations that are exposed during these inspections, are rectified BEFORE OCCUPANCY.

We have not sued anyone for the building code violations that have been left at our home. Our municipality has urged us time and time again to do so, but we believe that to sue would put the whole issue into an arena in which the builder, the municipality, and Tarion are all very comfortable with -- as comfortable as if it were their "home turf". Remember, the Ontario government drafted the legislation which created the new home warranty program. The goal of the legislation, in my opinion, was to instill a sense of security for new home purchasers, while at the same time, removing responsibility for the "flexibile" standard that exists in new home construction, from the Ontario government. People have bought into this just as we bought into our Title Insurance programs as a "peace of mind" protection that would really protect our investment.

We have let our governments, both provincial and municipal, off the hook for something that they are ultimately and completely responsible for. The government is responsible for ensuring consumer protection through an adequate warranty program, but the warranty program is supposed to be delivered a product that is free of defects for at least the construction that falls under the mandatory inspections list of the Ontario Building Code. If municipalities are issuing occupancy permits without completing the mandatory Ontario Building Code inspections, the last thing you want to do is go to court or tribunal right away. If you do, every politician and every municipal administrator is empowered to answer your pleas with "I can't comment because the matter is before the courts." Instead, victims need to expose, expose, expose what has been done. The municipalities are responsible to ensure code violations do not exist at occupancy. When Tarion is handed these kinds of issues, as in the case of my house, they either deny the claim or respond inadequately, perhaps because they can fall back on the excuse that these are not building code violations because the municipality declared them to be in compliance.

These are complex issues, but remember who is responsible: Primarily the Ontario Government. They know it and we know it!!!

Here's a non-compliance tip: homes do not always have at least 4-inches of depth in their basement floor slab. If you see a crack (they usually appear soon after pouring), drill a few holes. Any that meet airspace above 4 inches become leverage against the builder. Digging out the entire floor and repouring through a basement window is expensive. If you can live with a thin floor, you can then agree to let it go for a few favours in return. That can be an easier fight than complaining about something that you can not live with...

Anyway, thanks Swampland for your advice. I am now on a letter writing campaign to government, again...

Right on the money! I might add that there aren't too many industries where you are FORCED to pay for the seller's warranty on his product!!! How does Tarion arrive at the proper amount? Hope you're wrong about political contributions...