Registrar's Decision

Compliance > Registrar’s Decisions > Registrar’s Decision 15-12-001

Registrar’s Decision 15-12-001

File Number: 15-12-001

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

Licensee/Unlicensed person:

K-Reine Finance Inc. (Dealer Licence #31013) and Joel Paul Gobeil (Salesperson Licence #103248)

Issues:

On April 28 and 29, 2016, a Hearing was held to review allegations that Joel Gobeil devised a scheme to have consumers pay him cash for windshield repair deductibles on vehicles they traded-in to Butler Auto Sales Ltd. and then kept that case. It is alleged this conduct is a deceptive act as defined in the Business Practice s and Consumer Protection Act (“BPCPA”) and is a concern such that Mr. Gobeil’s salesperson licence should be suspended or cancelled pursuant to the Salesperson Licensing Regulation.
Several witnesses were called to give evidence at the Hearing.

Outcome:

The Registrar found that without the witness statement’s the case is weak and rests entirely on one consumer’s evidence.
The Registrar assessed and discounted the evidence of all the witnesses as being unreliable. The oral testimony of all but one consumer was inconsistent with their prior written statements. The documentary evidence supplied by Butler Auto Sales Ltd. for the transactions was incomplete.
The Registrar was satisfied that the case put forth by Joel Gobeil shows the evidence advanced by the Authority and Butler Auto Sales Ltd. in support of the allegations is not clear, cogent and convincing. Mr. Gobeil met his burden of proof and the allegations against him were dismissed.
The MDA and the BPCPA do not grant the Registrar authority to order costs to a salesperson or a dealership in these circumstances.