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Registrar's Decision

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.

Click here for the full decision (PDF)