{July 15, 2009 } VICTORIA, BC – The Business Practices and Consumer Protection Authority (BPCPA) is warning consumers that the elderly continue to be a target of deceptive door-to-door salespeople and that those who feel that they have been victimized should contact the BPCPA. Expressing these concerns may lead to restitution for those who have been exposed to fraudulent activity.

In February of 2005 the BPCPA was contacted by a concerned neighbor of an elderly Burnaby resident. The neighbor felt that the man was being exposed to fraudulent activity by past Weatherlock Roofing System’s co-owner, Bob Kirkpatrick. After a lengthy investigation by the BPCPA, which included several interviews with both the victim and Kirkpatrick, the BPCPA recommended charges to the Crown Counsel. The charges were approved by the Crown in 2006 and eventually led to court ordered restitution payments to be made to the victim by Kirkpatrick.

Kirkpatrick had been hired by the man to remove and build a new sundeck. After paying Kirkpatrick the full $36,000 upfront via personal cheques, the project was never started or completed. Over the course of several months Kirkpatrick attempted, on numerous occasions, to obtain more money from the victim who lived alone and had no family members to intervene on his behalf. The requests for money coupled with the fact that little work had been done on the deck is what prompted the neighbor to call the BPCPA.

“As a part of the BPCPA’s mandate to respond to inquiries and complaints from BC consumers, it is particularly concerning when we hear of vulnerable people being exposed to fraudulent activity,” commented Terry Barnett, CEO of the BPCPA. “It is a matter we take very seriously and we want to ensure that we are doing our part to educate and inform consumers about their rights as well as encourage those who feel that they may have been exposed to deceptive practices to contact the BPCPA.  We are happy to see the matter resolved and hope that it deters others from committing a similar offence.”
On June 26, 2009 Kirkpatrick plead guilty to the 1 count of fraud and received an 18 month conditional sentence order along with a total of 14 conditions. Among the 14 conditions are a 12 month probation order, community service and he can no longer engage in any commercial enterprise without the written prior approval of his conditional sentence supervisor.

The victim will receive monthly payments of $1234.00 until the full $36,000 is returned. Kirkpatrick had previously paid back roughly $15,000.

The BPCPA is a not for profit corporation that was created to strengthen consumer protection in BC and enforces BC’s consumer protection laws. The BPCPA balances the interests of all parties to promote a marketplace that is fair for both BC consumers and businesses. The BPCPA licenses collection services, cemetery and funeral services, motion picture theatres, distributors, and video retailers, telemarketing services, travel services and home inspectors.

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Sarah Head
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