Criminal charges against two Barrie men accused of defrauding customers of a Barrie pool and landscaping company will be dropped, according to customers.
Amanda Mortimer is one of about 17 customers of Sommerland Pools and Landscapes, furious with police and the Barrie Crown Attorney’s office after learning fraud charges against Matthew Tayler, 48, and Jamie Galipeau, 49, will be dropped six months ahead of their scheduled trial.
CTV News has confirmed the charges against the accused are being withdrawn by Crown prosecutors Tuesday afternoon during a virtual court appearance.
“It’s disgusting,” said Mortimer who paid a deposit of more than $20,000 to have pool and landscaping work done at her Alliston home. Mortimer said the work was never started by the company.
Mortimer and other complainants said they learned the Crown was dropping the case due to issues with evidence and an overburdened criminal justice system.
“We were told that the Crown was not going to be proceeding with the case due to evidentiary issues and constraints of the Superior Court. They are backlogged and they couldn’t guarantee that we would have enough time to complete the case.”
The result is insult to injury for Mortimer and the families who came forward to CTV News in the summer of 2023 alleging they were scammed out of half a million dollars by Sommerland Pools during the pandemic. In some cases, work began but was not finished. Other complainants said no work had been done by Sommerland Pools following payment of deposits.
“We have over a half a million dollars in deposits and if nothing happens to me this is the perfect crime,” said Sommerland customer Daniel Pecarski in August 2023.
Nine months later police charged Tayler and Galipeau and the case was sent to the Superior Court of Justice on a direct indictment by the Ministry of the Attorney General.
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When reached by CTV News for comment on the allegations in Aug. 2023, Tayler denied any wrongdoing.
“I did not take money and run,” said Tayler. “I have zero allegations. I was responsible for operations. I did my part of the company till the funds went dry when Jamie had to step in.”
Galipeau told CTV News he cut ties with Tayler when communication between them broke down before any problems with customers surfaced.
“They got away with it,” said Mortimer. “The court basically told him they got away with it. We tried to explain that to the Crown, that these two individuals going free is not going to serve the public. 17 families, in total, were taken. We are the ones that are hard-working, paying our taxes; for the legal system to fail us like this is it’s very sad.”
The allegations against Tayler and Galipeau have not been tested in court.
The matter is scheduled to return to court Tuesday when it is expected the charges will be dropped against the accused in exchange for payment of about $51,000 in restitution.
