The defendant was charged with acting as a vendor of a new home without being registered pursuant to the Ontario New Home Warranties Plan Act.
The defendant purchased a lot, built a home, obtained an occupancy permit, and occupied the residence before selling it approximately one month later.
The central issue was whether the defendant occupied the home within the meaning and intent of the Act.
The court found that the defendant did occupy the home as his primary residence despite minimal furnishings and a short occupancy period.
The charge was dismissed.
