LONDON -- Mark Bavington, the sole owner of Ontario Mobility Services, and Gerald Dennie, its salesman, were each convicted yesterday of one offence under the Business Practices Act for engaging in an unfair business practice when they failed to provide a mattress after receiving a $500 deposit from a senior consumer. 

Bavington and Dennie were also convicted of one offence under the Consumer Protection Act for failing to provide an adequate form of contract.

Ontario Mobility Services contacted the consumer, a senior, to offer an in-home inspection of an electrically adjustable bed. After conducting the in-home inspection, Ontario Mobility Services recommended that the consumer was in need of a new mattress. The consumer made a deposit for the mattress; however, the mattress was not provided and the deposit was not refunded. 

The Provincial Offences Court in London sentenced Dennie to 11 months probation and 30 hours of community service. Bavington was fined $3,100 to be paid within five months and was placed under a probation order with the requirement to pay $500 in restitution to the senior consumer within 60 days. 

The law provides 30 days to appeal.

Contacts:
Julie Rosenberg
Ministry of Consumer and Business Services
(416) 326-8558