Registrar's Decision

Compliance > Registrar’s Decisions > Registrar’s Decision 17-04-001

Registrar’s Decision 17-04-001

File Number: 17-04-001

In the matter of Motor Dealer Act R.S.B.C. 1996 C.316
and Business Practices and Consumer Protection Act S.B.C. 2004 C.2

Complainant: Beverly Barclay

Licensee/Unlicensed person:

Damian Smart (#109080) and Pioneer Garage Limited dba Fraser Valley Pre-Owned (#40190)

Issues:

Pioneer Garage Limited dba Fraser Valley Pre-Owned (“Pioneer”) and Damian Smart both individually requested an adjournment of the hearing set for July 26, 2017.
Mr. Smart stated he was unaware of the hearing until recently and he needs more time to prepare.
Pioneer provided that they could be affected by Mr. Smart not having enough time to prepare as (a) it may be liable for Mr. Smart’s conduct if the allegations are proven, and (b) Pioneer cannot fully prepare its response without interviewing Mr. Smart and receiving concise and full responses to their questions.
The Authority submitted they had served Mr. Smart the hearing notice and evidence to be reviewed at the hearing. However, they indicated a willingness to adjourn the hearing to allow Mr. Smart more time to prepare.

Outcome:

The Registrar considered the factors for adjournment set out in the Registrar’s Rule 35.
The adjournment was granted to ensure administrative fairness by allowing Mr. Smart sufficient time to review the evidence, and on the following terms and conditions:

a date is to be set by September 29, 2017, and
if a later date is required by a party, they are to request that by September 22, 2017, with supporting submissions and evidence.