Ian Theodore Cosens and Abigail Sydney Cosens

On September 3, 2024, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Ian Theodore Cosens (“I. Cosens”) and Abigail Sydney Cosens (“A. Cosens”) were issued a monetary penalty, jointly and severally, in a daily amount of $250, to a maximum of $7,500, for each day that passes until the demands contained in Compliance Order 24-0001 (the “CO”) have been satisfied. This Monetary Penalty was issued for the following reasons:

• I. Cosens and A. Cosens (together, “the Cosenses”), contrary to sections 14(1) and 22(1) of the Act, commenced construction on a new home in Dawson Creek, BC (the “New Home”) sometime prior to October 6, 2023, 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 Cosenses were the subject of the CO issued by BCH on January 18, 2024. The date for complying with the CO was March 1, 2024;
• The CO directed the Cosenses to cease all construction activities on the New Home, and immediately either become a BCH LRB pursuant to section 14(1) of the Act and register the New Home for coverage by HWI pursuant to section 22(1) of the Act, provide proof that the New Home is enrolled in a policy of HWI, apply for, and be issued, an Owner Builder Authorization for the New Home, or provide evidence that the New Home no longer meets the definition of a “new home” as defined under the Act; and    
• The Cosenses failed to comply with any of the orders contained in the CO by the requested compliance date.