Marlin Orthner Construction (“MOC”) and Marlin Jacob Orthner (“M. Orthner”), contrary to section 14(1) of the Homeowner Protection Act (the “Act”), conducted the business of a residential builder without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) between the period of, or about, November 2019 and August 2022, regarding four new homes in Maple Ridge, BC (collectively, the “New Homes”). On September 2, 2022, BCH issued Compliance Order 22-0012 to MOC and M. Orthner directing that MOC and M. Orthner:
- cease carrying on the business of a residential builder as defined in the Act. More specifically, to cease engaging in, arranging for or managing the construction of the New Homes;
- immediately apply for and become a BCH LRB pursuant to section 14(1) of the Act; and
- cease the above-noted activities until such time as MOC and M. Orthner become a BCH LRB pursuant to section 14(1) of the Act.
MOC and M. Orthner were ordered to comply with Compliance Order 22-0012 by September 30, 2022.