On July 13, 2022, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Angus John Ellery (“A. Ellery”) and Carolynn Hope Ellery (“C. Ellery”) (together, “the Ellerys”), jointly and severally, were issued a monetary penalty in a daily amount of $183, to a maximum of $5,500, for each day that passes until the demands contained in Compliance Order 21-0002 (the “CO”) have been satisfied. This Monetary Penalty was issued for the following reasons:
- The Ellerys, contrary to s. 14(1) and s. 22(1) of the Act, built, or caused to have built, a new home in Prince George, BC (the “New Home”), between the period of, or about, November 3, 2015, and April 23, 2018, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider;
- The contraventions of the Act by the Ellerys are the subject of the CO issued by BCH on February 3, 2021. The date for complying with the CO was March 19, 2021;
- The CO directed the Ellerys to ensure all construction activities cease on the New Home and immediately become a BCH LRB pursuant to s. 14(1) of the Act, and to register the New Home for coverage by HWI pursuant to s. 22(1) of the Act, provide BCH Compliance Department with proof that the New Home was built by a LRB and is enrolled in a policy of HWI pursuant to s. 22 of the Act, or apply for, and be issued, an Owner Builder Authorization for the New Home; and
A. Ellery and C. Ellery failed to comply with the orders contained in the CO by the requested compliance date.