Owner of HVAC company in N.L. files appeal in Ontario consumer affairs case
A Newfoundland businessman who landed in hot water in Ontario over his previous company has filed an appeal against his consumer affairs conviction and sentence there.
In documents filed with the Ontario Court of Justice, Raymond Kalonga, 36, has appealed his 525-day jail term on the basis of fresh evidence and that he wasn't fully informed about the guilty pleas entered by his paralegal representative in 2019.
Kalonga's previous company, Canadian Standard Home Services, was fined $525,000 during a sentencing hearing on Feb. 29 in Newmarket, Ont.
The fine will be set aside as the matter makes it way through the courts.
Kalonga, who later owned and operated Atlantic Standard HVAC in Newfoundland, says in court filings that he was not aware of his sentence until March 4.
Kalonga pleaded guilty in December 2019 to 14 Consumer Protection Act charges in Ontario, on behalf of himself and Canadian Standard Home Services, with the understanding that he would pay $400,000 restitution to the victims. Other charges were withdrawn.
However, during the Feb. 29 sentencing hearing, Crown lawyer Jamie Chiang said just $20,000 was paid back.
Kalonga failed to appear at four separate court dates from October onward — including his own sentencing hearing.
"We look at the fact that he has a complete lack of respect for any court appearances or court rulings or court orders," said Justice of the Peace Linda DeBartolo during the February sentencing.
"What we see here is a complete disengaged person from taking responsibility of his actions."
The court has now granted Kalonga judicial interim release pending his appeal. A warrant of committal had been issued for him in Ontario, though CBC News reported last month that it was unlikely he would be picked up by police while living in Newfoundland.
Download our free CBC News app to sign up for push alerts for CBC Newfoundland and Labrador. Click here to visit our landing page.