M. Gupta

This sentencing decision arose from convictions against a corporation and its directing mind for acting as unlicensed builders and failing to comply with new home warranty and enrolment requirements in connection with two high-value custom home projects.

The court treated the offences as regulatory consumer protection offences and applied the Cotton Felts factors, emphasizing denunciation and general deterrence where the individual knowingly structured his conduct to avoid statutory compliance.

Although the individual defendant proved serious present financial hardship, the court found that nominal fines would fail to deter and that some restitution was legally required given the direct, quantifiable homeowner loss.

The court imposed substantial fines, suspended sentences on the remaining counts, and reduced but significant freestanding restitution orders.

A Case Management Conference was held regarding appeals by Tabera Limited against the Town of The Blue Mountains for failing to make decisions on applications for an Official Plan amendment, Zoning By-law amendment, draft plan of subdivision, and draft plan of condominium.

The parties requested an additional CMC date to continue mediation, which was scheduled for January 2022.

The Tribunal also granted participant status to four immediate residents without objection from the parties.