VSA

Compliance

Judicial Reviews

A decision of the Registrar of Motor Dealers may be reviewed by the B.C. Supreme Court when a person petitions that court to conduct a judicial review.  A judicial review is not the same as an appeal and the court does not re-hear or re-try the case. A court conducting a judicial review looks to see if the Registrar followed the legislation and complied with the common law principles of procedural fairness and natural justice when conducting a hearing or making a decision. The court may also review the investigation process in much the same way. Generally, if a court finds some error, the court “quashes” (cancels) the decision of the Registrar and orders the matter be reheard by the Registrar.  Directions the court believes are appropriate may be provided to the Registrar.

RespondentOriginal IssueDecisionOutcome
January 8, 2019 Lake Country Motor Sports & John Dumaine

Petition for judicial review


Dismissed
(original decision)

Petition for judicial review dismissed

April 17, 2018Best Import Auto Ltd.; Bob Shokohi

Deceptive Acts and Practices


Dealer licence canceled; 10 year ban imposed for dealer and individual
(original decision)

Licence cancellation and ban of Best Import Auto upheld; 10 year ban for Mr. Shokohi quashed

February 13, 2015 Peter Fryer

Criminal convictions; false declarations; unlicensed selling


Licence denied
(original decision)

Petition dismissed; Registrar’s decision upheld

May 23, 2014Windmill Auto Sales & Detailing Ltd.

Misrepresentation


Penalties, compliance order issued
(original decision)

Petition dismissed; Registrar’s decision upheld

May 22, 2014Crown Autobody & Auto Sales Ltd.

Misrepresentation & deceptive act


Motor dealer licence cancelled
(original decision)

Petition dismissed; Registrar’s decision upheld

April 13, 2010Applewood

Misrepresentation & deceptive act


Administrative penalties and investigative costs assessed
(original decision)

Petition dismissed

February 16, 2009Parkwood Auto Sales Ltd & Rob Hawes

Deceptive act


Consumer restitution and administrative penalties assessed
(original decision)

Hearing set aside

May 7, 2007Southwest RV and Sport Ltd.

Licence application review; request for permission to conduct consignment sales


Dealer licence approved; consignment sales denied
(original decision)

Judicial review denied