Loved ones dying without compensation as Crapaud funeral fraud case drags on - Action News
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PEI

Loved ones dying without compensation as Crapaud funeral fraud case drags on

Families who say they have lost money for pre-paid funerals believe a fraud case is moving too slowly in the P.E.I. courts and now several victims have died without any compensation.

Court case against Lowell Oakes is scheduled to resume this week

Susan MacKay holds the order of service for her mother, Roma MacKay, who died on July 1, 2022.
Susan MacKay holds the order of service for her mother, Roma MacKay, who died on July 1, 2022. (Laura Meader/CBC)

Families who say they have lost thousands of dollarsfor pre-paid funerals are disappointedthe fraud case against the man they hold responsibleis moving so slowly especially given thatseveral alleged victims have died without any compensation.

Lowell Oakes, the former funeral director at the now-closed Dawson Funeral Home in Crapaud, has been charged with 66 counts of fraud.They include 36 counts of fraud over $5,000, and 30 counts of fraud under $5,000.

Susan MacKay's mother-in-law Roma, who died a year ago, is one of the people whose pre-paid funeral money seemingly vanished.

"It's just so hard," MacKay said. "There's no words to describe it,really. You just feel so sad for everybody, for all the victims. It's so wrong that you have to pay for a funeral twice."

Sheila Ross's mother Eleanor died last week. The older womanhad paid for a pre-arrangedfuneral, but she lived with dementia in her final years, and her daughter says they couldn't even get her to say what she wanted for her service by the time the Dawson problems began to emerge.

This on-going process has been very difficult. Sheila Ross

"I do hope that the court case is settled soon," Ross said. "This on-going process has been very difficult.

"I would like to see the Prince Edward Island government take some responsibilityfor the P.E.I. Funeral Home Actand compensate the victims."

Sheila Ross, with her mother Eleanor.
Sheila Ross, with her mother Eleanor before she died last week, says the province should compensate Oakes's victims. (Submitted by Sheila Ross)

Under the P.E.I. Pre-arranged Funeral Services Act, someone who sells a pre-arranged funeral plan must place the funds into a trust account within 30 days of signing an agreement with the client.

The Ross and MacKay families both said they that didn't happen in their cases, and they lost around $10,000. They said they were lucky they had money to pay for funerals in the absence of a compensation settlement, but worry other Dawson clients will die and leave families without the necessary resources.

The fraud charges against Oakes have not been proven in court.The case is set to be back before a judge later this week.

However, among the insolvency trustee documents given to creditors was an affidavit in which Oakes was asked the reasons for his financial difficulties.His reply was:"Misappropriated pre-arranged funeral funds."

Dawson Funeral Home closed in August 2021, following a routine inspection by the Prince Edward Island Funeral Services and Professions Board.
Dawson Funeral Home in Crapaud has been closed for more than a year and the premises were being sold to help pay the company's debt. (CBC)

The cover letter to creditors, written by the accounting firm handling the proposal, said in part:"Oakes has advised us that some funds were used by Dawson to fund its operating expenses;funds were also used to pay for the expenses of a plumbing and heating company that Oakes operated;and some funds were used by Oakes to fund his gambling addiction, a condition for which Oakes advised he is receivingcounselling."

Previously, the province has said there will be no comment on the issue because the matter is before the courts.

Oakes's lawyer has also said he did not want to comment on the case.