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Builder Arbitration Forum (BAF)

Please Note: Effective September 11, 2020, BAF hearings are proceeding virtually unless otherwise agreed to by the parties. 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 as set out in a Conciliation Assessment Report – can dispute the findings at the Builder Arbitration Forum (BAF). See Registrar Bulletin 08 for additional details about the Builder Arbitration Forum, including about how to apply to BAF. For questions about applying to BAF, please contact the BAF Coordinator at baf@tarion.com.  

Tarion is piloting a new step in the Builder Arbitration Forum (BAF) process with the goal of resolving builder disputes faster in cases where a builder has evidence that a warranty assessment by Tarion was incorrect. When a builder submits a completed BAF Application Package, the Dispute Resolution Team will review the disputed Tarion assessment and the builder’s position and consider whether the dispute may be resolved without proceeding with the BAF. The Dispute Resolution Team may contact the builder to request information, explain the reasons for Tarion’s assessment, or discuss resolution. If the builder is disputing an invoice amount, the Dispute Resolution Team may recommend mediation.


The Dispute Resolution Team review will be done for every BAF Application Package (except for condominium common elements matters) submitted within the 28-day BAF application period – the builder does not have to request the review or do anything new in the application. The BAF timelines will be paused pending the outcome of the Dispute Resolution Team’s review and the builder will not be required to pay the BAF administration fee or the deposit for the arbitrator’s costs unless the BAF application proceeds after the review.
 

Documentation

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 baf@tarion.com. ​

1. BAF Procedural Rules

2. FAQs (Frequently Asked Questions)​​

3. Documents Required in a Builder's Arbitration Application Package:

  • Request To Arbitrate (please include a Schedule A setting out the reasons for the appeal)
  • 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.
     

Note: only a completed Request to Arbitrate, Schedule A, and copy of the conciliation assessment report is required for the Dispute Resolution Team to review your dispute. If the Dispute Resolution Team cannot resolve the issues raised in your BAF application, the matter will be referred back to the standard BAF process and you will be required to submit the additional application materials (nominee form, administrative fee) at that time. 

4. Other BAF Documents: