On November 19, 2012, Garry Glen Burlingame (“G. Burlingame”) and Karen Lee Burlingame (“K. Burlingame”) (together, the “Burlingames”) were issued a monetary penalty, jointly and severally, in the single amount of $400. This Monetary Penalty was issued for the following reasons:
- The Burlingames, contrary to s. 21(2)(a) of the Homeowner Protection Act (the “Act”), regarding a new home in Powell River, B.C. (the "New Home"), for which an Owner Builder Authorization had been issued, sold the New Home on, or before, March 19, 2012, without providing the prospective purchaser of the New Home, prior to the sale of the New Home, a disclosure notice in a form satisfactory to the Homeowner Protection Office (“HPO”) Registrar stating, among other information, whether or not the New Home was covered by a policy of home warranty insurance;
- The contravention of s. 21(2)(a) of the Act makes the Burlingames subject to a monetary penalty pursuant to s. 28.3(1)(a) of the Act and s. 20.1(2)(e) of the Homeowner Protection Act Regulation (the “Regulations”); and
- K. Burlingame contravened s. 21(2)(a) of the Act by virtue of s. 85(1)(b) of the Offence Act, RSBC 1996, c. 338.