Ottawa-Area Contractor Convicted
Sentenced to Jail and Ordered to Refund More Than $42,500 to Consumers
On March 31, 2015, Devon Morgan, operating a business in the Ottawa area known as Captain Construction, was convicted of charges under the Consumer Protection Act. Morgan was sentenced to 45 days in jail, followed by two years' probation. He was also ordered to pay a total of $42,566 in restitution to two consumers. In addition, Captain Construction was fined $30,000.
Between April and December 2013, Morgan entered into contracts with one consumer in Ottawa and one in Rockland to renovate their homes. The consumers paid deposits; work was started, but not completed. The deposits were not refunded. To complete the projects, the consumers hired other contractors or did the work themselves.
Justice of the Peace Louisette Girault of the Ontario Court of Justice in Ottawa convicted Morgan and Captain Construction of the following charges for each consumer transaction:
- engaging in an unfair practice by making false, misleading or deceptive representations to consumers
- failing to deliver a direct agreement
- failing to refund payment within 15 days of being given notice of cancellation of the consumer agreement.
Consumers are reminded to check the ministry's Consumer Beware List before doing business with any company.
- Ontario’s Consumer Protection Act, 2002 provides for fines of up to $250,000 for corporations and $50,000 for individuals convicted of offences. It also provides for jail terms of up to two years less a day for each offence for individuals.
- The act empowers the court to order offenders to pay compensation or make restitution to victims.
- Visit Consumer Protection Ontario for tips and advice on how to be a smart consumer.