On April 25, 2013, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Gurnam Samra (“Samra”) was issued a monetary penalty in the daily amount of $183.33, to a maximum of $5,500, for each day that passes until the demands contained in Compliance Order 12-0048 have been satisfied. This monetary penalty was issued for the following reasons:
- Samra, contrary to s. 14(1) and s. 22(1) of the Act, built a new home in Surrey, B.C. (the “New Home”), sometime in, and between, 2007 and 2010, without being an Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered with home warranty insurance;
- The contraventions of the Act by Samra are the subject of Compliance Order 12-0048 (the “CO”) issued by the HPO on October 11, 2012. The date for complying with the CO was November 9, 2012;
- The CO directed that Samra immediately enrol the New Home with home warranty insurance pursuant to s. 22(1) of the Act; and
- Samra failed to comply with the CO by the requested compliance date.