{"id":914,"slug":"tarion-dispute-resolution-paths-mediation-baf-lat","title":"Tarion dispute resolution — DRS review, independent mediation (often NDA-bound), Builder Arbitration Forum (builders only), LAT, civil court","kind":"reference","scope":"business","status":"current","audiences":["kevin","candid-team"],"topics":["gc-vertical","tarion-warranty"],"reference_body":"**Claim:** After a Tarion decision, homeowners have five dispute-resolution paths:\n\n1. **Dispute Resolution Specialist (DRS) review** — internal Tarion process. Does not affect appeal rights.\n2. **Independent mediation** under O. Reg. 242/21. CPBH has flagged that mediated settlements typically require homeowners to sign **non-disclosure agreements**, which prevents independent evaluation of how often Tarion settles and on what terms.\n3. **Builder Arbitration Forum (BAF)** — for builders only. Cannot be initiated by homeowners.\n4. **Licence Appeal Tribunal (LAT)** — see [[tarion-lat-30-day-appeal-window-decision-letter]] for the 30-day appeal window.\n5. **Civil court / Small Claims Court** — homeowners retain the right to pursue ordinary court claims.\n\n**Sources:**\n- O. Reg. 242/21 (Tarion mediation framework).\n- CPBH commentary on mediation NDAs.\n\n**Confidence:** Verified (process framework); CPBH critique is [Reported].\n\n**For Candid use:** Most builder clients won't need atomic detail on every path, but two practical truths to surface in any builder-facing content:\n- **Mediation outcomes are typically confidential** (NDA), so the public can't evaluate Tarion's mediation track record.\n- **The Builder Arbitration Forum is a builder-side tool** — homeowners can't use it.\n\nFor full enforcement context, see also the HCRA-side enforcement cluster around [[research-brief-hcra-ontario-may-2026]].","rationale_body":null,"metadata":null,"links":{"outgoing":[{"slug":"tarion-lat-30-day-appeal-window-decision-letter","title":"Tarion LAT appeals — 30 calendar days from Decision Letter (vs HCRA's 15 days); first hearing ~37 days, decision ~40 days post-hearing","kind":"reference","scope":"business","link_type":"depends-on"}],"incoming":[{"slug":"research-brief-tarion-ontario-may-2026","title":"Research brief: Tarion Warranty Corporation — definitive reference (May 2026)","kind":"reference","scope":"business","link_type":"relates-to"},{"slug":"tarion-conciliation-chargeable-1000-3000-process","title":"Tarion conciliation process — 120-day builder repair, $250 homeowner deposit, $1,000/$3,000 chargeable to builder if any item warranted, 10-year OBD record","kind":"reference","scope":"business","link_type":"depends-on"},{"slug":"cpbh-karen-somerville-tarion-critique","title":"Canadians for Properly Built Homes (CPBH) led by Dr. Karen Somerville — Tarion's most consistent critic since 2004; positions on monopoly, conciliation, NDA-bound mediation, LAT, caps","kind":"reference","scope":"business","link_type":"relates-to"}]},"created_at":"2026-05-24T14:19:39.507Z","updated_at":"2026-05-24T14:19:39.507Z"}