Salesman convicted for driveway repair scam on seniors

A 49-year-old Winnipeg man has been convicted of fraud against 10 elderly people in Manitoba.
Barry Wayne Martin Scully was found guilty of 10 separate charges of fraud against seniors for a driveway-sealing scam. (University of Iowa)

A 49-year-old Winnipeg man has been convicted of fraud against 10 elderly people in Manitoba.

An investigation by the Manitoba Consumer Protection Office (CPO), with assistance from the Winnipeg police, found Barry Wayne Martin Scully targeted homes with asphalt covered driveways in Winnipeg and towns throughout southern Manitoba.

He would "seek out elderly homeowners and, using deceptive and predatory tactics, convince the individuals to purchase his service of applying a sealant to the homeowner's driveway," according to a press release from the CPO.

The people paid hundreds of dollars for a sealant application that was actually valued at less than $100, the release stated.

Scully was convicted May 2 and given a conditional sentence of two years less a day, along with an order to repay a total of $6,630 to the 10 affected consumers.

He was allowed a 30-day appeal period but did not file one.

The conviction is in addition to a Dec. 16, 2013, conviction of Scully under the Business Practices Act and under the Consumer Protection Act.

In that instance, a CPO investigation determined Scully went unsolicited to a home in the Roblin, Manitoba, area and falsely claimed to be associated with a legitimate paving company.

The CPO said door-to-door salespeople offering a service or a product must be licensed as a direct seller. People should ensure the business is legitimate and capable of supplying the goods or services, the CPO said.

These steps include ensuring the business is licensed as a direct seller, checking references from the business and carefully reviewing the terms and conditions of any agreement before signing.