Summitt Home Services GP Inc. v. Director under the Consumer Protection Act, 2002, 2022 CanLII 55029

Licence Appeal Tribunal

Date: June 21, 2022

Appeal from an Order for Immediate Compliance issued by the Director under the Consumer Protection Act, 2002

Between:

SUMMITT HOME SERVICES GP INC. as general partner, carrying on business under the firm name SUMMITT HOME SERVICES LP Appellant

-and-

Director under the Consumer Protection Act, 2002 Respondent

ORDER

ADJUDICATOR: D. Gregory Flude Vice Chair

APPEARANCES:

For the Appellants: Tyler Fram, Counsel

For the Respondent: Jeff Donnelly, Paralegal

Heard by Way of Written Submissions

OVERVIEW

1SUMMITT HOME SERVICES GP INC. as general partner, carrying on business under the firm name SUMMITT HOME SERVICES LP appealed the Notice of Director’s Order for Immediate Compliance Pursuant to Subsection 112(1) of the Consumer Protection Act, 2002, R.S.O. 2002, c. 30, Schedule A, as amended, (“Act”) dated March 28, 2022.

2The Director under the Consumer Protection Act, 2002 responded to the appeal.

3This proceeding is scheduled for a hearing on agreed dates in July, 2022.

ORDER DISPOSING OF APPEAL WITHOUT A HEARING REQUESTED BY BOTH PARTIES

4Both the appellants and the respondent have requested an order from the Tribunal disposing of this appeal in accordance with the terms set out in herein.

5Both parties have indicated they consent to the Tribunal disposing of this appeal without a hearing under s. 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 on the terms agreed between the parties.

ON THE FOREGOING CONSENT OF BOTH PARTIES, I ORDER AS FOLLOWS:

6SUMMITT HOME SERVICES GP INC. as general partner, carrying on business under the firm name SUMMITT HOME SERVICES LP (hereafter referred to as “SUMMITT”) shall come into immediate compliance with the Consumer Protection Act, 2002 (hereafter referred to as “the Act”) and O. Reg. 17/05.

7Without limiting the foregoing, SUMMITT shall immediately comply with:

1. Subsection 17(1) of the Act, prohibiting engaging in unfair practices, including making false, misleading, or deceptive representations or making any unconscionable representation; and more specifically to cease:

   a) Representing that SUMMITT has sponsorship, approval, status or connection that it does not have including, without limiting the foregoing, with the Government of Ontario or another regulator, utility provider or governing body;

   b) Representing that installation of new or upgraded equipment is needed or advisable, if it is not;

   c) Representing that any equipment is required by law or regulation, if it is not;

   d) Representing that any equipment is required by any utility company, if it is not;

2. Subsection 96(1) of the Act and subsection 79(1) of O. Reg. 17/05 requiring that a consumer be refunded any payment made under a consumer agreement or any related agreement within 15 days of the cancellation of the consumer agreement, and more specifically:

   a) SUMMITT shall provide a refund to consumer Cora-Lee BUGDEN in the amount of $3,387.25 within 15 days of this Order, if it has not already done so by the date of this Order.

3. Section 95 of the Act providing that, upon cancellation by the consumer of the agreement, the agreement and any other related agreement are cancelled as if they never existed, and more specifically:

   a) SUMMITT shall give effect to the cancellation of the consumer agreement entered into by consumer BUGDEN and all related agreements, including by discharging any related Notices of Security Interest registered against the property of consumer BUGDEN, if it has not already done so by the date of this Order.

4. Section 95 of the Act requiring that, upon cancellation by the consumer of the agreement, that the agreement and any other related agreement be cancelled as if they never existed, more specifically:

   a) SUMMITT shall cancel the consumer agreement and all related agreements, including by discharging any Notice of Security Interests placed on the property of Sushma RAMAKRISHNIAH, if it has not already done so by the date of this Order.

5. Subsection 43.1(1) of the Act prohibiting a supplier from soliciting a consumer to enter into a direct agreement for the supply of prescribed goods or services, or entering into such an agreement, at the consumer’s dwelling or any other prescribed place unless the consumer has initiated contact with the supplier and has specifically requested that the supplier attend at the consumer’s dwelling or the other prescribed place for the purpose of entering into such an agreement.

8The Licence Appeal Tribunal (LAT) Rules of Practice and Procedure, Version 1 (April 1, 2016) apply to this appeal except where varied by Tribunal Order.

9Nothing in this Order affects any requirement under the Act.