The prosecution alleged that a travel‑membership company and its two directors committed numerous offences under the Consumer Protection Act, 2002 relating to timeshare and membership contracts sold through high‑pressure sales presentations.
The court found the corporate defendant repeatedly failed to provide contracts containing mandatory statutory information, misrepresented cancellation rights, and refused refunds after consumers attempted to exercise statutory cancellation rights.
The court applied strict‑liability principles for regulatory offences and assessed party liability under aiding‑and‑abetting doctrines.
The directors were convicted on many improper‑contract and unfair‑practice counts because, as officers and directing minds of the corporation, they knew or ought to have known that the contracts were deficient and misleading.
However, they were acquitted on many failure‑to‑refund counts where the Crown failed to prove their direct involvement or knowledge of the refusal to refund.
