Mississauga Contractor Convicted for Failure to Refund
Convicted - Maurizio Ercolani, owner of A.C. Milan Tile
Location - Mississauga
Description of Offence - Failure to refund under Ontario's Consumer Protection Act, 2002 (the act).
Date of Offence - Between August 31 and November 30, 2015
Date of Conviction - December 21, 2018 at the Ontario Court of Justice in Mississauga by Her Worship G. Lin
The court imposed the following against Mr. Ercolani:
- Following a guilty plea, a suspended sentence.
- Twenty-four month non-reporting probation order and a payment plan totalling $2,000.
- A restitution order for $7,000 payable to consumers.
- Consumers from Mississauga entered into a contract at their home with Mr. Ercolani for home renovations totalling $21,000.
- Under the act, contracts can be direct agreements.
- As the renovation progressed, the consumers paid $10,850.
- After about 10 weeks, the consumers sent a cancellation letter to Mr. Ercolani asking for a refund.
- The consumers' money was not refunded within 15 days after the consumers gave notice of cancellation as required under the act.
- Ontario's Consumer Protection Act, 2002 provides for fines of up to $250,000 for corporations per charge and $50,000 per charge for individuals convicted of offences. It also provides for jail terms of up to two years less a day for each offence for individuals.
- The act empowers the court to order offenders to pay compensation or make restitution to victims.
- Consumer Protection Ontario reminds consumers to: