Tarion dispute resolution — DRS review, independent mediation (often NDA-bound), Builder Arbitration Forum (builders only), LAT, civil court

Claim: After a Tarion decision, homeowners have five dispute-resolution paths:

  1. Dispute Resolution Specialist (DRS) review — internal Tarion process. Does not affect appeal rights.
  2. 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.
  3. Builder Arbitration Forum (BAF) — for builders only. Cannot be initiated by homeowners.
  4. Licence Appeal Tribunal (LAT) — see Tarion LAT appeals — 30 calendar days from Decision Letter (vs HCRA's 15 days); first hearing ~37 days, decision ~40 days post-hearing for the 30-day appeal window.
  5. Civil court / Small Claims Court — homeowners retain the right to pursue ordinary court claims.

Sources:

  • O. Reg. 242/21 (Tarion mediation framework).
  • CPBH commentary on mediation NDAs.

Confidence: Verified (process framework); CPBH critique is [Reported].

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:

  • Mediation outcomes are typically confidential (NDA), so the public can't evaluate Tarion's mediation track record.
  • The Builder Arbitration Forum is a builder-side tool — homeowners can't use it.

For full enforcement context, see also the HCRA-side enforcement cluster around Research brief: Ontario Home Construction Regulatory Authority (HCRA) — definitive reference (May 2026).