Home Renovator Convicted Under Consumer Protection Act

The Ministry of Government and Consumer Services laid three charges under the Consumer Protection Act, 2002, against Jason David Hicks carrying on business in Trenton, Ontario as Sunrooms Plus.

It is alleged that a consumer entered into a contract in March 2006, to construct a detached garage on his property in Trenton, at a total cost of over $23,000. This price included all materials and the removal of an existing shed and fence. The consumer paid a deposit of $7,500 and the work was to commence in April 2006 after the necessary permits were obtained.

The consumer determined from the local conservation authority that a permit could not be obtained as the area was designated a flood plain. The defendant proposed to relocate the structure, knowing that it would not conform to municipal by-law restrictions.

The consumer cancelled the contract in June 2006 and requested a refund of his deposit. The deposit was not returned and the defendant obtained a default judgement for $7,500 in Small Claims Court.

The defendant was charged with engaging in an unfair practice, failure to deliver a valid direct sales contract and failure to refund within 15 days.

The CPA, 2002 provides for a maximum fine for a corporation, upon conviction, of $250,000. The maximum penalty for an individual is $50,000 and/or up to two years less one day in jail.

On November 15, 2007, in Belleville Provincial Offences court, the defendant Jason Hicks pleaded guilty to three counts contrary to CPA, 2002. He was convicted and received a suspended sentence and two years’ probation with a condition that he pay restitution of $7,500 to the consumer victim.