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Appeal from proposal to refuse builder registration dismissed due to past conduct lacking integrity and honesty.
The appellant, Dellfina Homes Inc., appealed a proposal by the Registrar under the Ontario New Home Warranties Plan Act to refuse its registration as a builder.
The Registrar's refusal was based on the appellant's failure to provide a requested security deposit and the past conduct of its principal, John Custodio, which included acting as an unregistered builder and failing to enroll homes.
The Licence Appeal Tribunal found that while the appellant could reasonably be expected to be financially responsible, the past conduct of its principal afforded reasonable grounds for belief that the appellant would not carry on its undertakings in accordance with law and with integrity and honesty.
The Tribunal directed the Registrar to carry out the proposal to refuse registration.