A Toronto-area contractor has been sentenced to jail and will be forced to refund $207,000 to his customers.
Martin Horowitz, of Thomson Horowitz Design Build, was sentenced at the end of June, the Ontario Ministry of Government and Consumer Services said in a statement on Thursday.
Horowitz was convicted in May of the following four offences under the Consumer Protection Act:
- Engaging in an unfair practice by making false, misleading or deceptive representations to customers
- Failing to refund payment within 15 days of being given notice of cancellation of the consumer agreement
- Failing to take reasonable care to prevent the corporation from contravening the Consumer Protection Act
- Failing to deliver a direct agreement in the format required by the Consumer Protection Act
A statement from the ministry said that Horowitz had entered into contracts with three customers for substantial home renovations. He then failed to do the work, and in some cases, failed to pay suppliers, according to the charges laid in December 2012.
"Horowitz consistently asked for, and received, payments from consumers without completing the work or supplying materials," the statement said.
"His renovation work also created safety issues for consumers."
As a result of the conviction, Horowitz was sentenced to 360 days in jail, followed by a two-year probation term. He was also ordered to pay a total of $207,000 in restitution to the consumers.
During his probation term, he is not allowed to accept cash from customers, nor can he perform services or provide materials except as an employee of another contractor.
Horowitz is appealing the case, the ministry said.
The statement reminded customers to check the Consumer Beware List before doing business with any company or contractor.
