On October 16, 2012, Jason Osborn (“Osborn”) was issued a monetary penalty in the daily amount of $350, to a maximum of $10,500, for each day that passed until the demands contained in Compliance Order 12-0024 were satisfied. This daily monetary penalty amount accumulated for 30 days until it reached the maximum penalty amount of $10,500. This Monetary Penalty was issued for the following reasons:
- Obsorn, contrary to s. 20(1)(b) and 21(2)(a), of the Homeowner Protection Act (the “Act”),regarding a new home in Prince George, B.C. (the “New Home”), for which an Owner Builder Authorization had been issued, sold the New Home on, or about, October 20, 2009, within the 12-month time period after the New Home was built, and without providing the prospective purchasers 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. 20(1)(b) and 21(2)(a) of the Act by Osborn is the subject of Compliance Order 12-0024 (the “CO”) issued by the HPO on March 23, 2012. The date for complying with the CO was May 4, 2012;
- The CO directed the Osborn to become a HPO Licensed Residential Builder (“LRB”) pursuant to s. 14(1) of the Act, and enrol the New Home with home warranty insurance pursuant to s. 22(1) of the Act;
- Osborn failed to comply with the CO by the requested compliance date;
- The failure of Osborn to comply with the CO made Osborn subject to the monetary penalty pursuant to s. 28.3(1)(b) of the Act;
- The MPN was issued on October 16, 2012, and the daily monetary penalty became effective on October 18, 2012 – the date the MPN was served; and
- Osborn did not comply with the CO, and the daily monetary penalty accumulated for a total of 30 days until it reached its maximum of $10,500.