Szilvasy v. Reliance Home Comfort Limited Partnership
2012 ONCA 821
Court
Court of Appeal for Ontario
Year
2012
Citation
2012 ONCA 821
Topic
Implied warranty of fitness on rental HVAC equipment
The facts
Reliance installed a rental water heater in a Guelph home in 1998. Shirley Szilvasy bought the home in 2004. The tank later failed and caused property damage.
The holding
The Court of Appeal upheld the trial finding that Reliance was liable for consequential property damage based on an implied warranty of fitness, and that the Consumer Protection Act, 2002 was applicable.
Why this matters for Ontario homeowners
The CPA imposes substantive warranties on rental HVAC suppliers, not just disclosure rules. Where rental equipment fails and causes damage, the supplier is liable on an implied warranty of fitness — even years after installation and even where the homeowner is a successor purchaser.
Read the full reasons on CanLII: https://www.canlii.org/en/on/onca/doc/2012/2012onca821/2012onca821.html
This case summary is for general information only. It is not legal advice. Outcomes in your situation depend on the specific facts of your case.
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