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Burlington Electrical Contractor Convicted of Unfair Practice

Court Bulletin

Burlington Electrical Contractor Convicted of Unfair Practice

Ministry of Government and Consumer Services

November 17, 2017 / Ministry of Government and Consumer Services

Convicted - Justin Smith

Location - Burlington

Description of Offence - Mr. Smith accepted a deposit to supply and install a generator at a consumer's residence.  Work commenced, but was not completed and the generator was never delivered or installed.

Date of Offence - September 10, 2014- unfair practice

Date of Conviction - September 21, 2017 at the Ontario Court of Justice in Milton by Justice of the Peace Paul Welsh

Penalty Imposed

The court imposed the following against Mr. Smith:

  • Payment of $7,500 in restitution to the consumer
  • Two-year probation with terms of restitution, a reporting requirement and reporting an address change

Background

  • In early July 2014, Mr. Smith, operating as D & S Electrical Contractors, provided the consumer with an estimate of $10,982.71 to supply and install a generator.
  • In late July 2014, Mr. Smith accepted and provided a receipt for the consumer's $7,500 deposit.
  • Work commenced on or about August 10, 2014, and stopped on or about September 10, 2014.
  • The generator was not delivered or installed.
  • Work completed included: installation of a small concrete slab, two exterior conduits and two exploratory holes in the basement drywall.
  • Despite Mr. Smith's promises to the consumer, the work was never completed.
  • Consumer Protection Ontario suggests deposits should be no more than 10% of the estimated cost.

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