A hearing was called to review the motor dealer registration of Wen Li Xu dba Golden Year Auto Broker (“Golden Year”) and the salesperson license of Bo (Bill) Pan for infractions of the Business Practices and Consumer Protection Act (“BPCPA”), infractions of the Motor Dealer Act Regulation (“MDA-Regulation”) and their conduct for failure to ensure two vehicles offered and advertised for sale met the minimum safety requirements of the Motor Vehicle Act (“MVA”).
The initially hearing was adjourned to a later date at the request of the dealer. Before the new hearing occurred, the dealer surrendered its motor dealer registration and the salesperson licence of Bo (Bill) Pan lapsed. The Registrar can continued with a hearing in these circumstances: Abouadallah v. College of Dental Surgeons of Saskatchewan 2011 SKCA 99 (Saskatchewan Court of Appeal), leave to appeal to the SCC refused (April 12, 2012, SCC No. 345080), 2012 CanLII 18864 (Supreme Court of Canada)
In relation to a 2014 Mazda CX-5 (the “Mazda”) and a 2012 Toyota Camry (the “Toyota”) Golden Year and Bo (Bill) Pan:
Misrepresented the Mazda as in “new car condition” and Toyota as “like new” and displayed them for sale on their lot; and
Advertised and represented the Mazda and Toyota as suitable for transportation when they were not contrary to the BPCPA, the MDA-Regulation and the MVA.
Outcome:
Without qualifying those statements to indicate they were rebuilt.
Wen Li Xu dba Golden Year Auto Broker failed to comply with the terms of two Notices and Orders issued under the authority of the Motor Vehicle Act regarding the 2014 Mazda CX-5 and the 2012 Toyota Camry.
Wen Li Xu dba Golden Year Auto Broker is in breach of its Undertaking dated September 24, 2013.
Wen Li Xu dba Golden Year Auto Broker and Bo (Bill) Pan acted as a motor dealer while unregistered, contrary to the Motor Dealer Act.
Based on the findings of fact, the following compliance action is taken: i) An administrative penalty of $5,000 is ordered against Wen Li Xu dba Golden Year Auto Broker for the advertising breaches involving the Mazda CX-5 and the Toyota Camry. ii) An administrative penalty of $3,500 is ordered against Wen Li Xu dba Golden Year Auto Broker for breaching the Undertaking of September 24, 2013. iii) A compliance order under the Business Practices and Consumer Protection Act is ordered on the following terms:
Wen Li Xu and Bill (Bo) Pan are to abide by the Business Practices and Consumer Protection Act, so long as that Act is applicable to them;
Wen Li Xu and Bill (Bo) Pan are to refrain from making misleading statements in advertisements, including failing to state material facts or failing to properly qualifying representations, including in advertisements;
Wen Li Xu and Bill (Bo) Pan are to reimburse the Registrar’s investigation and hearing costs in this matter of $1,018.29.
The Registrar will not accept a motor dealer application or application of renewal; or an application for a salesperson licence or renewal of a salesperson licence from Wen Li Xu or Bill (Bo) Pan, or from any motor dealer in which they are affiliated, for a period of five years.
