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Mississauga, ON contractor nailed by Ontario consumer watchdogs for taking a $1,200 deposit without starting work

Mark Anthony Dennis, owner/operator of MAD Brick Enterprise in Mississauga, ON, was convicted under Ontario's Consumer Protection Act


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June 18, 2015 by Steve Payne

Another contractor gets nailed for taking a deposit and then “neglecting” to actually do – or at least start – the work. The deposit amount in question here – $1,200 – is the smallest we’ve seen a conviction for in a long time. (Not a defence of the contractor’s actions.)

Press release today by the Consumer Protection Ontario…

On June 2, 2015, Mark Anthony Dennis, owner/operator of MAD Bricks Enterprise in Mississauga, was convicted of charges under the Consumer Protection Act. Dennis was sentenced to one year probation and was fined $2,500. Dennis was also ordered to pay $1,200 in restitution to the consumer.

Under the probation order, Dennis cannot accept deposits that exceed 20 per cent of the value of any consumer agreement until the good or service contracted for is completed.

On July 6, 2013, Dennis entered into a contract with a consumer to replace the tile on the consumer’s front porch. The consumer gave Dennis a $1,200 deposit but no contracted work was started. Dennis failed to provide a refund for the deposit and provided the consumer with a contract that did not comply with regulatory requirements. Justice of the Peace Milagros Eustaquio-Syme of the Ontario Court of Justice in Brampton convicted Dennis of one count for each of the following charges:

· Engaging in an unfair practice by making a false, misleading or deceptive representation to a consumer

· Failing to provide a consumer with a contract containing information required by the Consumer Protection Act

· Failing to refund payment within 15 days of being given notice of cancellation of the consumer agreement.

Consumers are reminded to check the Ministry of Government and Consumer Service’s Consumer Beware List before doing business with any company.

QUICK FACTS

· Ontario’s Consumer Protection Act, 2002 provides for fines of up to $250,000 for corporations and $50,000 for individuals convicted of offences. It also provides for jail terms of up to two years less a day for each offence for individuals.

· The Act empowers the court to order offenders to pay compensation or make restitution to victims.