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.โ€ฏ 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 โ€œquashesโ€ (cancels) the decision of the Registrar and orders the matter be reheard by the Registrar.โ€ฏ 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

โ€“
Dismissed
(original decision)

Petition for judicial review dismissed

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

Deceptive Acts and Practices

โ€“
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

โ€“
Licence denied
(original decision)

Petition dismissed; Registrar’s decision upheld

May 23, 2014Windmill Auto Sales & Detailing Ltd.

Misrepresentation

โ€“
Penalties, compliance order issued
(original decision)

Petition dismissed; Registrar’s decision upheld

May 22, 2014Crown Autobody & Auto Sales Ltd.

Misrepresentation & deceptive act

โ€“
Motor dealer licence cancelled
(original decision)

Petition dismissed; Registrar’s decision upheld

April 13, 2010Applewood

Misrepresentation & deceptive act

โ€“
Administrative penalties and investigative costs assessed
(original decision)

Petition dismissed

February 16, 2009Parkwood Auto Sales Ltd & Rob Hawes

Deceptive act

โ€“
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

โ€“
Dealer licence approved; consignment sales denied
(original decision)

Judicial review denied