Loans, delays, legal action: B.C. renovator blames illness for project stalls, denies faking cancer

Disputes with renovator What does the law say about illness and contractual obligations? Penny Daflos explains why ‘buyer beware’ remains the best advice.

Two Metro Vancouver homeowners have come forward with new allegations against a local renovator accused of faking cancer to avoid repaying a debt, saying they are also owed money after handing over hefty sums for projects that have not been completed.

They’re speaking up about Jawaid Celani, owner of West Coast Renovations (also doing business as West Coast Construction), who is already facing a legal battle over an unpaid loan. He is appealing last month’s ruling, which cited court testimony from his brother that Celani had lied to him about having brain cancer to avoid payments.

The homeowners approached CTV News after reading that story, finding similarities in their own experiences. They claim Celani left them in the lurch in October when he told them he was hospitalized with seizures.

The complainants

Natalya Wittenberg detailed her experience while in her North Vancouver home, which is wrapped in white plastic to keep out the elements as it has no siding or roof, only plywood and insulation material. She says she and her partner had hired Celani in January after discovering extensive water damage to the home, which they purchased last year.

“He was a reputable company and had references,” said Wittenberg, who found the initial quote of $475,000 for the repairs reasonable and began payments in January, making installments totalling about $400,000 before the work started in August. The couple also loaned Celani $65,000 as work was underway, expecting it was short-term and high-return.

When Celani texted about his hospitalization in September, Wittenberg says she was concerned – and that he was on crutches, with his head bandaged when she saw him weeks later. In October, she says she got another text about Celani being hospitalized.

To her shock, work then stopped at her home.

“We had all of our trades walk off the site because they hadn't been paid, and then we had all of the suppliers coming to us asking for money because they haven't been paid,” she said. Wittenberg describes repeatedly asking Celani for an accounting of where their money had gone, but that he would not provide it.

Wittenberg and her partner have now filed a civil claim in B.C. Supreme Court over their payment for the unfinished work and the unpaid loan.

In Vancouver, Charles Chang faced a similar situation. He provided CTV News with paperwork showing he’d entered into a contract with Celani to build a new garage at his home, for which he paid a 30 per cent deposit ($20,000). As he waited for architectural drawings and permits, he hired Celani to carry out cosmetic renovations at his brother-in-law’s home nearby.

That project started at $160,000 but Chang says Celani told them structural deficiencies and other repairs were required and that project ballooned to $400,000, which they paid. He says during the course of the project, Celani asked him for a $250,000 loan with 20 per cent interest, which he declined to provide.

Chang also got a text message from Celani about his illness in September, adding that he believed it was a serious situation because “his staff told me he might have brain cancer and he might die.”

His garage still hasn’t been built and when he checked with the city, he said there was no application for one. Chang’s brother-in-law’s home was left a mess in October.

“I got calls from the drywall guys, the tiler guys, from the electrician guys and they say they not get paid and that's why they're not coming to do the work (sic),” he said, adding that Celani was no longer responding to his contact attempts.

CTV News spoke with two sub-contractors who each say they’re owed more than $10,000, and describe being frustrated at recent problems with payment after working for Celani without issue for more than a decade.

Celani responds

After CTV News attempts to reach him at an address cited in court documents, via his company phone number and email, Celani called back insisting “I'm not trying to dodge anyone or anything like that, this is not a premeditated thing.”

Celani claims he never told anyone he had brain cancer, but acknowledges he had a “falling out” with his brother. He said he notified everyone involved about his hospitalizations due to “multiple seizures” in September and October.

“On or around Oct. 20 it came to a point where I was unable to continue my business and I had sent a text message apologizing for unforeseen circumstances and in due time that I would be happy to meet with them and discuss it further,” he said. “I had sent that to both our trades and our clients.”

As for the ruling against him last month, Celani believes he shouldn’t have to repay that loan because his brother was also sued and an Alberta court found he should pay. In last month’s ruling, the B.C. judge disagreed, but Celani is now appealing and says he’s being guided by advisors and has “ceased operation” of his business in the meantime.

“I thought my health was under control and it's not,” he said. “My trustee and my counsel will deal with them accordingly.”

When CTV News asked if he intends to declare bankruptcy, Celani would only say that he’s “in contact with a trustee.”

Legal expert weighs in

While the details of each case are unique and often complicated, a veteran litigator and high-profile lawyer in Vancouver points out simple legal principles are typically at the heart of these matters.

“We are a free enterprise, free market society and there is an element of ‘caveat emptor,’ or ‘buyer beware,’ and it's very important to do some research,” said Ravi Hira, KC at Hira Rowan LLP.

He emphasized that homeowners shouldn’t just review previous work and contact references, they should also make sure to pay in installments based on project milestones on a schedule they’re comfortable with.

In a situation where the client has paid money and the work is uncomplete, he encourages them to consult a lawyer who can lay out their legal options – whether the service provider claims illness or some other excuse.

“If they have taken money and they can't perform the work, they've been unjustly enriched and you're entitled to the money back,” Hira said, explaining that a judge can determine how much work has been done versus money already paid.

He added that paying a lawyer to review a six-figure contract and identify potential risks is a good investment, and that whether it’s a home renovation, loan, or any other agreement you’re considering, “if the terms are unreasonable, you shouldn't get involved with that person.”