Judge holds off jailing landlord

A judge has declined to send a Calgary landlord to jail despite the fact he and his wife have not paid a dollar of their share of a record $207,000 fine under the Public Health Act for numerous health and safety violations at six rental properties.

Last June 22, the judge gave Albert Kwok Kwong Wong, 72, and Amy Shun Foon Wong, 63, eight months to pay $157,205 and $42,619, respectively, as part of a plea agreement.

On Feb. 15 they were given an extension until this week.

On Thursday provincial court Judge Frank Maloney was told the Wongs still had made no attempt to start paying the fines.

Following extensive arguments by defence lawyer Jeinis Patel and Rob O’neill, prosecutor for Alberta Health Services, Maloney ordered Albert Wong to pay $2,500 a month for the next four months, with the balance owing to be paid on or before Aug. 3.

“This court is of the view that despite the enormous fine and delays in payment, it would be simply unconscionable to put Mr. Wong in jail today for non-payment,” Maloney said before granting the conditional extension.

“He has made efforts to raise money, perhaps not in the most efficient manner or as diligent as one would have hoped.”

The judge said, however, that if any of the monthly payments or the lump sum payments are missed, without any further court-ordered extension, a warrant will be issued for Albert Wong’s arrest.

Earlier, O’neill argued Albert Wong’s default jail time of 2,185 days (nearly six years) should begin immediately, because he has between $1.5 and $2 million in equity in the six residential properties and receives $16,000 a month in rental income, without using any of it for paying the fines.

Amy Wong was given an extension without threat of jail on Thursday, but she faces 591 days in jail if she has not paid off her fine by the new August deadline.

O’neill said he originally felt eight months was a generous amount of time to pay the fines, as the Wongs could easily sell one property and use the equity to pay their debts.

“We’ve now had 10 months since the Wongs were sentenced and he hasn’t taken any funds from the rental income or even made the slightest effort to pay the fines,” he said.

“When we look today at whether an extension is reasonable or not, I doubt it. What is going to be different one, two or three months from now?”

Patel said his client, who is a realtor, has tried to sell most. of his properties and had an offer on one of them, but it fell through.

“The evidence before you is that Mr. Wong has made a number of efforts to sell his properties,” Patel told the judge in seeking an extension.

“If they sell, he’ll apply the proceeds in one lump sum. He has tried a number of times to get financing and hasn’t been able to do so.”

The fines are the largest total amount ever levied on one occasion for Public Health Act violations in Alberta.

The most serious infractions were related to safety issues and security exits in bedrooms, O’neill previously told court.

Some bedrooms did not have secondary exits, some exits were too small, others had security bars but they were padlocked shut, and some were held closed by butterfly clips outside.

O’neill said other serious safety and health concerns in the homes included lack of smoke alarms, mould coming through the walls, bedbugs, cockroaches, mice and silverfish.

The Wongs’ daughter, Lolita Wing Wen Wong, 30, who was fined $5,106, and son Herman Wong, 35, fined $2,070, paid their fines shortly after they were imposed.

All of the fines for the four accused include a 15 per cent provincial surcharge.