Ayr couple out almost $23K after closure of Kitchener pool store

Family stunned by pool company closure After a Kitchener company suddenly closed, an Ayr family was left without a pool - and their money. Krista Sharpe explains.

Amber and Adam Brueckner have a pool-shaped hole in their backyard – and their wallets.

“We feel like we've been robbed and they're just getting away with it right now, they are just washing their hands of it,” Amber told CTV News on Thursday.

The couple said they purchased an on-ground pool kit from Discounter's Pool and Spa on Manitou Drive in Kitchener, spending nearly $23,000.

They had no idea the company had already filed for bankruptcy.

Discounter's Pool and Spa Warehouse Inc. and an associated construction company at the same address, Construction Distribution & Supply Company Inc., both filed for bankruptcy on February 29, 2024. According to insolvency records, Discounter's Pool and Spa is based in Concord, Ontario and has assets worth $773,337.00, while owing creditors $10,844,252.00.

The Brueckners began looking at getting a pool in May. They visited the storefront many times before finally paying the full amount at the end of July.

“They had been around for 28 years,” said Amber. “We had heard good things about their salespeople.” Amber said she did get a bad feeling at one point when chatting with a staff member who didn’t sound very knowledgeable.

“I was uncomfortable with that. So I essentially said: ‘I'm sorry, we're not paying today.’ And I walked out of the store,” she recalled. “But then they were pressing my husband: ‘You have to pay before the end of the season. You're not going to get your pool.’”

After handing over the money, the couple kept getting the runaround when they asked when their pool kit would finally get delivered.

To save money, the family installed their own pool heater and filtration system, which were also purchased from Discounter's Pool and Spa. Adam, an experienced handyman, said he spent hours digging the hole himself to follow the very specific measurements.

What is happening at the store?

As of Thursday, the website for Discounter's Pool and Spa is offline. No one is answering the phone and a hand written sign on the front door reads: “Closed until further notice.”

CTV News was unable to get in touch with anyone from the store and has not yet heard back from the trustee of the bankruptcy.

At the back of the Manitou Drive store, suppliers were seen loading up their trucks. They told CTV News they were taking back some of their items, knowing they likely won’t see any of the money they're owed.

Outside the store, long-time customers were still showing up, also unaware it had closed.

Rules around bankruptcy

Doug Hoyes, a bankruptcy trustee for Hoyes and Michalos with no involvement in this case, said there are a few different things that can happen during a commercial bankruptcy.

The company can close on the day of filing, immediately halt business and let staff go. A similar situation happened with Kitchener’s Hacienda Sarria.

However, companies also have the option to continue selling assets while making customers aware that a bankruptcy has been filed and a trustee is involved. That’s what happened when the large furniture retailer Bad Boy filed for bankruptcy.

“Once a company goes bankrupt there's a notice that is supposed to be posted on the door, there is supposed to be a notice placed in the media, in the local newspaper, advising that the corporation is bankrupt,” Hoyes explained.

Adding that, because the bankruptcy happened in February, the posting on the door may have been taken down and it’s possible that they could have been running the company under a different, but similar, name.

Brueckners left in the lurch

The Brueckners told CTV News they were never told about the closure, nor did they ever see any postings related to a bankruptcy.

The receipts given to them by sales staff had “Discounter’s Pool and Spa” printed at the top and they paid for a portion of their items with a money order, which also had the same company name.

“It’s just sad that they can do this to people that have worked hard for their money,” said Amber.

The couple had saved money for years and paid a portion of the bill with cash and the remainder with the money order, after re-financing their mortgage.

They said it's been difficult explaining to their two young daughters why they aren’t getting a pool.

“Sometimes people aren’t honest,” said Amber. “Sometimes you just have to fight for what you want. And sometimes you’re disappointed in life. But we’re going to do our best to make it right.

It's been especially hard on their six-year-old.

“I had her in swimming lessons this year so that she could get used to the water, be more comfortable,” Amber explained. “She’s already planned her birthday party mermaid-theme. She’s devastated.”

The Brueckners said they contacted Waterloo Regional Police but were told it sounded like a civil matter.