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Darren Gaudreault reported he can't find work in the construction business anymore after incorrectly issuing occupancy permits in the Oceanside area. (CHEK News)
Guilty

Former construction manager pleads guilty to falsely granting permits

Mar 11, 2024 | 2:01 PM

NANAIMO — A planned four-day trial instead resulted in guilty pleas by a man in a highly unusual municipal bylaw offence case.

Darren Gaudreault pleaded guilty to two charges of allowing occupancy to occur without a permit in relation to Oceanside area homeowners moving in without the legal authority to do so in 2022.

A joint submission accepted by a provincial court judge on Monday, March 11 resulted in a $3,000 fine against the 52-year-old Gaudreault to be paid within three months.

A third charge against Gaudreault was dropped as part of a plea deal.

The development follows three guilty pleas by the owner of Parksville-based Ballard Fine Homes, Don Ballard, on behalf of his company for the same charges.

Court was told Gaudreault informed new home construction clients in French Creek and the Dashwood area that they had occupancy permits and could move in.

However, only local governments, in this case the Regional District of Nanaimo, can issue legal occupancy permits.

Legal occupancy permits were issued in both cases about five months later, while no injuries are structural deficiencies arose.

Gaudreault was a former contractor with Ballard Fine Homes and not a direct employee, court was told.

Brian Sutton, Gaudreault’s lawyer, said his client has moved onto self employment because he can no longer find a job in the construction business.

“He tells me that he’s applied for about 150 jobs and got three interviews. His mistake has cost him tremendously.”

Sutton cited “pressure from above, people who signed his cheques” as to reasons for Gaudreault’s conduct.

He also noted Gaudreault felt a reduced level of pressure from homeowners anxious to get into their new homes.

While Sutton said his client is apologetic for the stress the impacted homeowners and RDN experienced, Gaudreault declined to address the court.

Following Monday’s sentencing hearing the Regional District of Nanaimo provided the following statement:

“When the Regional District of Nanaimo became aware of alleged fraudulent occupancy permits, which resulted in some homeowners unknowingly occupying their new homes without the required permit, we acted in the best interest of public safety by investigating and following up on the matter.”

“What started as one case evolved into two independent but related cases that the RDN pursued through the court system.”

“The RDN is satisfied that the public interest has been served and that Don Ballard, on behalf of Ballard Fine Homes, and Darren Gaudreault, former contractor of Ballard Fine Homes, have each taken responsibility for occupancy without a permit.”

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ian@pattisonmedia.com

On Twitter: @reporterholmes