Enforcement Action
Monetary Penalty
Issue Date
On December 30, 2024, pursuant to s. 28.3(1)(a) of the Homeowner Protection Act (the “Act”) and s. 20.1(2)(g) of the Homeowner Protection Act Regulation (the “Regulation”), Donald Corey Higgins (“D. Higgins”) and Vanessa Higgins (“V. Higgins”) (together, “the Higginses”) were issued a monetary penalty, jointly and severely, in the single amount of $8,400. This Monetary Penalty was issued for the following reasons:
- The Higginses, contrary to s. 14(1) and s. 22(1) of the Act, built a new home in Dease Lake, BC (the “New Home”), between the period of, or about, May 2018 and June 2019, without being a BC Housing (“BCH”) Licensed Residential Builder and without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider;
- On, or about, August 14, 2024, contrary to s. 22(1.1) of the Act, the Higginses sold the New Home without the New Home being registered for coverage by HWI provided by a warranty provider and without permission being granted by the BCH Registrar pursuant to s. 22(1.2) of the Act authorizing the Higginses to sell the New Home; and
- The contravention of s. 22(1.1) of the Act by the Higginses makes the Higginses subject to a monetary penalty pursuant to s. 28.3(1)(a) of the Act and s. 20.1(2)(g) of the Regulation.