February 26, 2015 – Ministry of Government and Consumer Services – Repeat Offender Sentenced to Jail Term, Ordered to Refund Consumers, Placed on Probation: On February 11, 2015, Charlesworth Carter, operating a business in the GTA known as Jayanaca Kitchens, was convicted of charges under the Consumer Protection Act. Carter was sentenced to 225 days in jail, and two years’ probation. In addition, he was ordered to pay a total of $23,000 in restitution to three consumers.
Between March and August 2013, Carter entered into contracts with two individuals in Brampton and one in Toronto to renovate rooms in their homes. In all cases, the consumers paid deposits and work was started and abandoned. Their deposits were not refunded.The consumers hired other contractors to complete their projects.
Justice of the Peace Ivana Baldelli of the Ontario Court of Justice in Brampton convicted Carter on the following charges for each consumer transaction:
- engaging in an unfair practice by making false, misleading or deceptive representations to consumers
- failing to refund payment within 15 days of being given notice of cancellation of the consumer agreement
- failing to deliver on a contract.
Over the past 10 years, Carter has been convicted of similar offences, once under the Business Practices Act and twice under the Consumer Protection Act. The latter convictions included jail sentences, fines and probation.
Consumers are reminded to check the ministry’s Consumer Beware List before doing business with any company.
- Ontario’s Consumer Protection Act, 2002 provides for fines of up to $250,000 for corporations and $50,000 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.
Visit Consumer Protection Ontario for tips and advice on how to be a smart consumer.