Registrar's Decision 13-08-001

Issues:

• It was alleged that between May 24 and July 9, 2013, Northland and/or Mr. Marshall contravened Motor Dealer Directive No. 4 made by the Registrar of Motor Dealers, the MVSA Advertising Guidelines and/or sections 4 and 5 (Deceptive Acts or Practices) and sections 8 and 9 (Unconscionable Acts or Practices) of the Business Practices and Consumer Protection Act (the “BPCPA”).
• The allegations relate to the offering for sale and/or sale of eight vehicles described in two mail out advertisements, as well as the conduct of Northland and Mr. Marshall generally.
• The issues to be decided in the case were described by the Registrar as follows:

1. Have either or both of Northland and Mr. Marshall engaged in any deceptive acts or practices in respect of a consumer transaction, contrary to sections 4 and 5 of the Business Practices and Consumer Protection Act, S.B.C. 2004 c. 2, in relation to any of the eight vehicles at issue in this proceeding?
2. Have either or both of Northland and Mr. Marshall engaged in unconscionable conduct in relation to the sale of the 2006 Honda Civic to Mr. and Mrs. Miller, contrary to section 9 of the Business Practices and Consumer Protection Act, S.B.C. 2004 c. 2?
3. Have either or both of Northland and Mr. Marshall engaged in a pattern of conduct that is calculated to deceive and mislead consumers, contrary to sections 4 & 5 of the Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2, or contrary to the public interest as set out in section 5 of the Motor Dealer Act, or sections 6 or 7 of the Sales Personnel Licencing Regulation (BC Reg. 241/2004)?