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, jointly and severally, 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, B.C., (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 enrol 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.