Registrar's Decision

Compliance > Registrar’s Decisions > Registrar’s Decision 12-030

Registrar's Decision 12-030

File Number: 12-030

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: Ron Harris and Melinda Harris

Licensee/Unlicensed person:

WINDMILL AUTO SALES & DETAILING LTD. and SARMAD JAMIL a.k.a. SAM ROMAYA

Issues:

On May 10, 2013 Windmill and Mr. Sam Romaya applied for a reconsideration of the Registrar’s Decision, compliance order and two administrative penalties dated April 10, 2013.
Through their legal counsel, Windmill and Mr. Romaya provided written submissions and an affidavit from Mr. Romaya.
They rely on:
the reconsideration provisions of the Business Practices and Consumer Protection Act (“BPCPA”), and
a claim of a breach of procedural fairness requiring that a new hearing be held.

Outcome:

Windmill and Mr. Romaya’s application for reconsideration on both grounds is denied.
The requirements of the reconsideration provisions of the BPCPA were not met.
The claim of a breach of procedural fairness allowing for a rehearing was not established.
In accordance with section 182(6) of the BPCPA the registrar’s decision may not be reconsidered.
In accordance with section 167(2) of the BPCPA, the administrative penalties issued to Windmill and Mr. Romaya respectively must be paid within 30 days of them being served a copy of the decision.
Windmill and Mr. Romaya must comply with the Compliance Order within 30 days of being served a copy of the decision.