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2011

13938 Holdings Corporation and Eddie Chiu - On August 31, 2011, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act, (the “Act”) and s. 20.1(2)(b) of the Homeowner Protection Act Regulation, (the “Regulations”), 13938 Holdings Corporation (“13938 Corp”) and Eddie Chiu (“Chiu”) were issued a monetary penalty in the amount of $8,000. This monetary penalty was issued for the following reasons:

  • 13938 Corp and Chiu, contrary to section 14 (1) of the Act, conducted the business of a residential builder regarding 5 multi-unit buildings, containing a total of 33 units, in Surrey, B.C., (the “Project”) during the period of September 30, 2010 and November 10, 2010, without holding a valid HPO Residential Builder Licence;
  • 13938 Corp and Chiu, contrary to section 22 (1) of the Act, continued construction of units within the Project that were not covered by a policy of home warranty insurance, during the period August 12, 2010 and May 11, 2011;
  • 13938 Corp and Chiu contrary to section 22(1.1) of the Act, sold 15 units within the Project that were not covered by a policy of home warranty insurance between the dates of November 2 and November 3, 2010 and November 30 and December 6, 2010;
  • The contraventions of the Act by 13938 Corp and Chiu are the subject of Compliance Order 10-0034 (“CO”) issued by the Homeowner Protection Office (HPO) on December 23, 2010, and Amended Compliance Order 10-0043-1 (“ACO”) issued by the HPO on February 8, 2011. The date for complying with the CO was January 21, 2011 and the date for complying with the ACO was February 28, 2011;
  • The CO and ACO directed 13938 Corp and Chiu to cease construction on any home not covered by a policy of home warranty insurance, ensure that all residential units contained within the Project, for which there is a conditional Purchase/Sale Agreement in place, are enrolled with and covered by home warranty insurance prior to those Purchase/Sale Agreements completing, ensure that the Project, including any residential units contained within the Project, is not offered for sale and/or sold, including transfer of legal title, until such time as they are enrolled with and covered by home warranty insurance, and ensure that all units contained in the Project are enrolled with and covered by home warranty insurance or ensure that a restrictive covenant is registered on the title to the property on which the Project is located restricting the sale or other disposition of any dwelling unit within each of 5 multi-unit buildings, for 10 years from the date of first occupancy of one of the dwelling units in each of the respective buildings; and
  • 13938 Corp and Chiu failed to comply with the CO and the ACO by the requested compliance date.

Balwant Singh Brar, Swaran Kaur Brar and Wonderland Homes Inc. - On March 1, 2011, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act, (the “Act”) and s. 20.1(2)(b) of the Homeowner Protection Act Regulation, (the “Regulations”), Balwant Singh Brar (“B. Brar”), Swaran Kaur Brar (“S. Brar”) and Wonderland Homes Inc. (“WHI”), were issued a monetary penalty in the amount of $800, to a maximum of $12,000, for each day that passes until all of the demands contained in Compliance Order 09-0009 have been satisfied. This monetary penalty was issued for the following reasons:

  • B. Brar, S. Brar, and WHI, contrary to section 14 (1) of the Homeowner Protection Act (the “Act”), conducted the business of a residential builder regarding 5 new homes in Surrey, BC, (the “New Homes”) during the period of June 1, 2010, and February 28, 2011, without holding a valid HPO Builder Licence;
  • B. Brar, S. Brar, and WHI, contrary to section 22 (1) of the Act, built the New Homes in Surrey, B.C., during the period of March 9, 2010, and February 4, 2011, without any of the five new homes being covered by home warranty insurance;
  • The contraventions of the Act by B. Brar, S. Brar and WHI are the subject of Compliance Order 09-0009 (“CO”) issued by the Homeowner Protection Office (HPO) on June 10, 2010. The date for complying with the CO was June 18, 2010;
  • The CO directed B. Brar, S. Brar and WHI to enroll each of the New Homes with a policy of home warranty insurance and cease carrying on the business of a residential builder as defined in the Act until such time as each of the New Homes is registered with a policy of home warranty insurance and the suspension attached to WHI’s HPO Licence#30274 has been lifted; and
  • B. Brar, S. Brar and WHI failed to comply with the CO by the requested compliance date.

Balwant Singh Brar and Swaran Kaur Brar - On June 30, 2011, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act, (the “Act”) and s. 20.1(2)(b) of the Homeowner Protection Act Regulation, (the “Regulations”), Balwant Singh Brar (“B. Brar”) and Swaran Kaur Brar (“S. Brar”) were issued a monetary penalty in the amount of $9,800. This monetary penalty was issued for the following reasons:

  • On March 19, 2010, contrary to s. 14(1) and s. 22(1.1) of the Act, B. Brar and S. Brar sold a new home and a coach home (collectively, the “New Homes”) located in Surrey, B.C., without each of the New Homes being registered for coverage by home warranty insurance provided by a warranty provider, and without either B. Brar or S. Brar being a Homeowner Protection Office Licensed Residential Builder; and
  • The contravention of these sections makes B. Brar and S. Brar subject to a monetary penalty pursuant to s. 28.3(1)(a) of the Act and s. 20.1(2)(b) of the Regulations.

Balwant Singh Brar and Manpreet Grewal - On June 30, 2011, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act, (the “Act”) and s. 20.1(2)(b) of the Homeowner Protection Act Regulation, (the “Regulations”), Balwant Singh Brar (“B. Brar”) and Manpreet Grewal (“Grewal”) were issued a monetary penalty in the amount of $5,850. This monetary penalty was issued for the following reasons:

  • On June 30, 2010, contrary to s. 14 (1) and s. 22(1.1) of the Act, B. Brar and Grewal sold a new home and a coach home (collectively, the “New Homes”) located in Surrey, B.C., without each of the New Homes being registered for coverage by home warranty insurance provided by a warranty provider, and without either B. Brar or Grewal being a Homeowner Protection Office Licensed Residential Builder; and
  • The contravention of these sections makes B. Brar and Grewal subject to a monetary penalty pursuant to s. 28.3(1)(a) of the Act and s. 20.1(2)(b) of the Regulations.

Daljit Rai - On July 22, 2011, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act, (the “Act”) and s.20.1(2)(d) of the Homeowner Protection Act Regulation (the “Regulations”), Daljit Rai (“Rai”) was issued a daily monetary penalty in the amount of $390, to a maximum of $11,700, for each day that passed until all of the demands contained in the Amended Compliance Order 10-0033-1 had been satisfied. This Monetary Penalty was issued for the following reasons:

  • Rai, contrary to sections 20.1 and 22 of the Act, regarding a new home in Surrey, B.C., (the "New Home") for which Owner Builder Authorization (“OBA”) 71880 had been issued: i) offered for sale the New Home between September 17, 2009, and February 12, 2010, without having occupied the New Home for the required 12-month time period after the New Home was built; and ii) after receiving permission from the Registrar of the Homeowner Protection Office (the “HPO”) to sell the New Home on the condition that Rai obtain home warranty insurance for the New Home prior to selling the New Home, sold the New Home without the New Home being covered with home warranty insurance;
  • The contraventions of the Act by Rai are the subject of Compliance Order 10-0005 (“CO”) issued by the HPO on May 17, 2010, Amended Compliance Order 10-0033 (“ACO”) issued by the HPO on November 23, 2010, and Amended Compliance Order 10-0033-1 (“ACO-1”) issued by the HPO on February 8, 2011. The date for complying with ACO-1 was March 11, 2011;
  • The ACO-1 directed Rai to become an HPO Licensed Residential Builder (“LRB”) pursuant to s. 14(1) of the Act, and enroll the New Home with home warranty insurance pursuant to s. 22(1) of the Act; and
  • Rai failed to comply with ACO-1 by the requested compliance date.

Edwin Van Strien, Sheila Patricia Wade and Swade Holdings Ltd. - On August 26, 2011, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act (the “Act”), s. 20.1(2)(b) and s. 20.1(2)(f) of the Homeowner Protection Act Regulation (the “Regulations”), Edwin Van Strien (“Van Strien”), Sheila Patricia Wade (“Wade”) and Swade Holdings Ltd. (“SHL”) were issued a daily monetary penalty in the amount of $200, to a maximum of $6,000, for each day that passed until Van Strien, Wade and SHL had complied with the requirements of the Act and the Regulations. This Monetary Penalty was issued for the following reasons:

  • Van Strien, Wade and SHL, contrary to section 14(1) and 22(1) of the Act, constructed a new home on Bowen Island, B.C. (the “New Home”), during the period of December 19, 2007, and August 26, 2011, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered by home warranty insurance, and without either Van Strien or Wade being issued an Owner Builder Authorization (“OBA”) for the New Home pursuant to s. 20(1) of the Act and s. 4.1(2) of the Regulations, and fulfilling the requirements of being an owner builder; and
  • The contraventions of the Act by Van Strien, Wade and SHL, make them subject to a monetary penalty.

Jeffrey Manson - On July 7, 2011, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act, (the “Act”) and s. 20.1(2)(b) of the Homeowner Protection Act Regulation, (the “Regulations”), Jeffrey Manson (“Manson”), was issued a monetary penalty in the amount of $9,600. This monetary penalty was issued for the following reasons:

  • Manson contrary to section 14 (1) and 22(1) of the Homeowner Protection Act (the “Act”), conducted the business of a residential builder and built a new home in Prince George, B.C., (the “New Home”) without holding a valid HPO Residential Builder Licence and without the New Home being covered by home warranty insurance;
  • The contraventions of the Act by Manson are the subject of Compliance Order 10-0011 (“CO”) issued by the Homeowner Protection Office (HPO) on June 10, 2010. The date for complying with the CO was July 5, 2010;
  • The CO directed Manson to enroll the New Home with a policy of home warranty insurance and cease carrying on the business of a residential builder as defined in the Act and to immediately apply for and become a Licensed Residential Builder (“LRB”) by the HPO; and
  • Manson failed to comply with the CO by the requested compliance date.

Marian (Mario) Bitoiu and Home and Style Construction Inc. - On November 15, 2011, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act, (the “Act”) and s. 20.1(2)(b) of the Homeowner Protection Act Regulation, (the “Regulations”), Marian (Mario) Bitoiu (“M. Bitoiu”) and Home and Style Construction Inc. (“HSCI”) were issued a monetary penalty in the amount of $255, to a maximum of $7,700, for each day that passes until all of the demands contained in Amended Compliance Order 09-0008-1 have been satisfied. This Monetary Penalty was issued for the following reasons:

  • M. Bitoiu and HSCI, contrary to section 14(1) and section 22(1) of the Homeowner Protection Act (the “Act”), built a new home in New Westminster, BC, (the “New Home”) during the period of on, or around, January 8, 2008, and September 18, 2009, without holding a valid HPO Builder Licence and without the New Home being covered with home warranty insurance;
  • The contraventions of the Act by Bitoiu and HSCI are the subject of Compliance Order 09-0008 (“CO”) issued by the Homeowner Protection Office (HPO) on May 19, 2009, and Amended Compliance Order 09-0008-1 (“ACO”) issued by the HPO on October 7, 2009. The date for complying with the ACO was November 13, 2009;
  • The ACO directed Bitoiu and HSCI to become an HPO Licensed Residential Builder pursuant to section 14(1) of the Act, and enroll the New Home with home warranty insurance pursuant to section 22(1) of the Act; and
  • Bitoiu and HSCI failed to comply with ACO by the requested compliance date.

Tharen Soroka, Denise Soroka and TDS Forestry Contracting Ltd. - On August 22, 2011, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act (the “Act”), s. 20.1(2)(b) and s. 20.1(2)(f) of the Homeowner Protection Act Regulation (the “Regulations”), Tharen Soroka (“T. Soroka”), Denise Soroka (“D. Soroka”) and TDS Forestry Contracting Ltd. (“TDS”) were issued a daily monetary penalty in the amount of $240, to a maximum of $7,200, for each day that passed until the demands contained in Compliance Order 09-0021 had been satisfied. This Monetary Penalty was issued for the following reasons:

  • T. Soroka, D. Soroka, (together, the “Sorokas”) and TDS, contrary to section 14(1) and 22(1) of the Act, constructed a new home near Powder King, B.C. (the “New Home”), during the period of May 2008 to August 2009, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered by home warranty insurance;
  • The contraventions of the Act by the Sorokas and TDS are the subject of Compliance Order 09-0021 (“CO”) issued by the HPO on November 19, 2009. The date for complying with the CO was December 18, 2009;
  • The CO directed the Sorokas and TDS to become an HPO LRB pursuant to s. 14(1) of the Act, and enroll the New Home with home warranty insurance pursuant to s. 22(1) of the Act, or apply for, and be issued, an OBA for the New Home pursuant to s. 20(1) of the Act and s. 4.1(2) of the Regulations, and fulfill the requirements of being an owner builder; and
    • The Sorokas and TDS failed to comply with the CO by the requested compliance date.

William Michael Deacon and Diana Lorraine Deacon - On August 26, 2011, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act (the “Act”), s. 20.1(2)(b) and s. 20.1(2)(f) of the Homeowner Protection Act Regulation (the “Regulations”), William Michael Deacon (“W. Deacon”) and Diana Lorraine Deacon (“D. Deacon”) were issued a daily monetary penalty in the amount of $240, to a maximum of $7,200, for each day that passes until the demands contained in Amended Compliance Order 10-0021-1 had been satisfied. This Monetary Penalty was issued for the following reasons:

  • W. Deacon and D. Deacon (together, “the Deacons”), contrary to sections 14(1) and 22(1) of the Act, built a new home in Port Moody, B.C. (the “New Home”), during the period of September 30, 2009, and August 6, 2010, without being an Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered by home warranty insurance;
  • The contraventions of the Act by the Deacons are the subject of Compliance Order 10-0021 (“CO”) issued by the HPO on August 6, 2010, and Amended Compliance Order 10-0021 (“ACO”) issued by the HPO on January 27, 2010. The date for complying with the ACO was February 25, 2011;
  • The ACO directed the Deacons to become an HPO LRB pursuant to s. 14(1) of the Act, and enroll the New Home with home warranty insurance pursuant to s. 22(1) of the Act, or apply for, and be issued, an Owner Builder Authorization (“OBA”) for the New Home pursuant to s. 20(1) of the Act and s. 4.1(2) of the Regulations, and fulfill the requirements of being an owner builder; and
  • The Deacons failed to comply with the ACO by the requested compliance date.