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Registrar’s Decision 15-09-001

File Number: 15-09-001

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: Vehicle Sales Authority and Marilynne Johnny

Licensee/Unlicensed person:

Pioneer Garage Ltd. dba Pioneer Chrysler Jeep (Dealer #5224), Sarabjit Mander (SP #103534), Jaspaul Mann (SP #106197), and Raymond K. Van Empel (SP #110650)

Issues:

On October 14, 2015, a hearing was held before the Registrar where it was alleged that Pioneer Garage Ltd. dba Pioneer Chrysler Jeep, Sarabjit Mander, Jaspaul Mann, and Raymond K. Van Empel (the “Respondents”). did breach the Motor Dealer Act (“MDA”) and the Business Practices and Consumer Protection Act S.B.C. 2004, c. 2 (“BPCPA”) in relation to a consumer transaction involving Marilynne Johnny (the “Consumer”) when selling her a 2010 Hyundai Elantra (the “ motor vehicle”).
At the Hearing, the Respondents noted that the monetary concerns of the Consumer were settled and compliance issues could be dealt with by an Undertaking.
The Registrar questioned the Complainant and a witness regarding the allegations and decided he would consider an Undertaking.
An Undertaking was prepared and sent to the Respondents for their signature. The Respondents did not sign the Undertaking presented but removed the facts and allegations and then signed and returned it.

Outcome:

The Registrar exercised his discretion to refuse to accept the Undertaking.
The Registrar found that the Undertaking submitted by the Respondents removed the entire factual context of the Undertaking leaving it not transparent, not intelligible and not justifiable, as the law requires.
The Registrar found the Undertaking was not in an acceptable form and refused to accept it.
The Registrar directed that this matter be brought to a hearing before the Registrar at the soonest opportunity where Pioneer is given the opportunity to address the allegations.

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Registrar's Decision

Registrar’s Decision 15-09-001

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