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Registrar's Decision

Registrar's Decision 12-029

File Number: 12-029

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: Mary Sovereign

Licensee/Unlicensed person:

NANAIMO CHRYSLER LTD., MICHAEL KARL LAX, ELWOOD TREVOR FOSTER and DOUGLAS JAMES GREEN

Issues:

  • A hearing was called due to allegations that Nanaimo Chrysler, Elwood Trevor Foster, Douglas James Green and Michael Karl Lax (collectively the “Respondents”) breached the Business Practices and Consumer Protection Act S.B.C. 2004 c. 2 (the “BPCPA”) by failing to advise the consumer that the Fiat 500 (the “Fiat”) she purchased was subject to a consumer cash incentive of $2,500.00 provided by the manufacturer.

Outcome:

  • Mr. Michael Lax did not attend the hearing.
  • The case was heard along with the complaint of Gregory Saunders, Investigation File No. 12-70283.
  • The Registrar finds the consumer’s ability to recollect details of this consumer transaction are not reliable.
  • Under the unique facts, especially those arising out of the hearing, the Registrar cannot say that there was a deceptive act or practice committed by the Respondents during this consumer transaction. The Respondents have met their burden of proof.
  • The Registrar is satisfied on a balance of probabilities that the consumer was aware of and received the consumer cash incentive.
  • Having found no deceptive act or practice in this consumer transaction, the complaint against the Respondents: Nanaimo Chrysler, Elwood Foster and Douglas Green are dismissed. No finding is made in relation to Michael Lax’s conduct in this consumer transaction.

Click here for the full decision (PDF)

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