‘Duped’: Former pool contractor pleads guilty to defrauding customers

(Robert Lothian/CTV News Windsor)

A 64-year-old man has pleaded guilty to three counts of fraud after conning Windsor-Essex homeowners in need of a pool installation out of thousands of dollars.

Thomas Dowling, formerly of Blenheim, Ont., submitted the guilty plea to three counts of fraud over $5,000 on Wednesday afternoon, and an additional two counts were withdrawn.

Assistant Crown Attorney Jennifer Holmes explained that Dowling would meet with homeowners to discuss the installation of a new pool.

Dowling, then representing KTPC Pools, would agree to install the pools for large sums of money.

However, after providing deposits, the victims would not hear from Dowling and would never receive a site plan, much less a new pool.

Superior Court Justice Bruce Thomas levied an 18-month conditional sentence on Dowling, which consists of 12 months on house arrest and six months with a curfew.

He is also subject to a 12-month probation period.

Due to Dowling’s recent move to New Brunswick, directives were established to ensure he could carry out the conditions in the Maritime province.

“Live with anger”

During victim impact statements, the court heard from Althea Di Gregorio, who contracted KTPC Pools in December 2022.

Di Gregorio and her husband Jerry Duncan moved to LaSalle in May 2022. Dowling convinced the couple that they would have the “backyard oasis” of their retirement dreams, Di Gregorio said.

A post-dated check for $54,542.84, half the construction costs, was cashed by Dowling in January 2023.

However, the work never began, and Duncan later learned the building permit was never filed.

After months of failed attempts to contact Dowling, Di Gregorio said they contacted police and learned other homeowners had also fallen victim.

“The negative, emotional, physical, economic and psychological impact has been beyond anything we expected from you Tom Dowling, who gained our trust,” an emotional Di Gregorio said.

The couple had already contracted additional companies to complete landscaping work for their backyard.

In the months since, Di Gregorio said Duncan and herself are now taking medication to cope with the stress.

“We both live with the anger of being duped by a man who knew what he was doing,” she said. “We are awaiting therapy and counselling. We are so discouraged and emotionally drained, and as a result, have great difficulty trusting contractors of any kind.”

As part of the ruling, Thomas granted restitution orders for Duncan and Di Gregorio, as well as another victim to be repaid.

Debt

After moving to Windsor in 2021, Dowling was “doing quite well,” contracting 30 pools in his first year and 40 in 2022, defence lawyer Kevin Shannon told the court.

A mounting debt issue forced Dowling into a “rob Peter to pay Paul situation,” Shannon explained.

The former contractor is now disabled due to a partial foot amputation and circulatory issues in his legs.

Proceeds from the sale of his home were used to compensate one of the victims, Shannon said.

“He’s presently just not in a position to pay the other victims,” Shannon said. “He is, however, pleading guilty, taking responsibility, saving what would have been a very lengthy and costly trial, particularly with respect to our limited court resources.”

Due to victims’ concerns Dowling could again carry out fraudulent activity, Thomas ruled the 64 year old cannot operate a business until the end of his probationary period.