Builder Arbitration Forum
Please Note: Effective September 11, 2020, Tarion implemented a new policy to proceed with BAF arbitrations virtually through Zoom, or in writing, in response to the COVID-19 pandemic. To read the full notice, click here. To view the BAF Virtual Hearing Guide, click here.
A builder who disagrees with the findings of a Tarion assessment - specifically whether an item is warranted or a conciliation is chargeable - can dispute the findings at the Builder Arbitration Forum (BAF).
The BAF Rules have been revised and updated following a recent review of this process. The BAF Procedural Rules, Registrar Bulletin and other materials referenced on this page apply only to conciliation inspections requested on or after October 31, 2013. These revised and updated documents are available through the links below.
For BAF appeals that involve a conciliation requested prior to October 31, 2013, please contact the Administrative Appeals Coordinator at firstname.lastname@example.org. The coordinator will provide the appropriate materials, such as the previous Builder Bulletin 41, procedural rules, and necessary forms. See Registrar Bulletin 08 for additional details about the Builder Arbitration Forum.
The documents included in this section provide both a general overview and detailed account of the rules and procedures governing the Builder Arbitration Forum. For a list of arbitrators, please contact the Administrative Appeals Coordinator at email@example.com.
3. Documents Required in a Builder's Arbitration Application Package:
- Request To Arbitrate
- A copy of the disputed Conciliation Assessment Report
- Nominee Confirmation Form (signed and completed by three nominated arbitrators)
- Administrative fee of $847.50 (HST included). Certified cheque or money order only.
4. Other BAF Documents:
- Arbitration Agreement (*does not have to be submitted with the initial Application Package)
- Tarion's Response
- Appointment of Arbitrator & Acceptance of Appointment
- Motion for an Order
- Arbitrator's Decision