In the matter of THE MOTOR DEALER ACT R.S.B.C.1996 C.316 and THE BUSINESS PRACTICES AND CONSUMER PROTECTION ACT S.B.C. 2004 c.2
Complainant: REGISTRAR
Licensee/Unlicensed person:
LESLIE LANDSBERG
Issues:
Leslie Landsberg was the General Manager of Victoria Hyundai at the time several consumer complaints came to light.
The corporate dealership dealt with the consumer complaints and entered into an undertaking with the VSA to rectify various concerns: Read More
It was alleged that Mr. Landsberg committed deceptive and unconscionable acts or practices in these consumer transactions.
It was alternatively alleged that Mr. Landsberg failed to provide proper supervision and monitoring of staff members who committed deceptive and/or unconscionable acts or practices.
Outcome:
Under the Business Practices and Consumer Protection Act (BPCPA) a deceptive act or practice can occur before, during or after a consumer transaction.
It is possible for a manager to commit a deceptive act or practice after a consumer transaction where (s)he breaches the BPCPA in trying to settle a consumer complaint.
In the right circumstances, a supervising manager’s salesperson licence can be revoked for a failure to provide proper supervision and monitoring where an employee or employees commit wrongs.
There was no evidence Mr. Landsberg directly committed deceptive or unconscionable acts or practices in these transactions.
There was no evidence Mr. Landsberg coached his employees to commit deceptive or unconscionable acts or practices in these transactions.
The operational control over the day-to-day sales operations at the dealership by Mr. Landsberg, were not sufficiently close enough to take action against his personal salesperson licence for failing to provide proper supervision and monitoring of the employees in question.
The Registrar dismissed the allegations against Mr. Leslie Landsberg.
