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Mississauga Contractor Convicted for Failure to Refund

Court Bulletin

Mississauga Contractor Convicted for Failure to Refund

Ministry of Government and Consumer Services

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

Penalty Imposed

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.

Background

  • 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:

Media Contacts

  • Sandra Bento

    Communications Branch, Ministry of Government and Consumer Services

    416-327-9708

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