Registrar's Decision

Compliance > Registrar’s Decisions > Registrar’s Decision 17-07-002

Registrar’s Decision 17-07-002

File Number: 17-07-002

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: Breezy Webster and the Vehicle Sales Authority of BC

Licensee/Unlicensed person:
Pioneer Garage Limited dba Fraser Valley Pre-Owned (Dealer #40190), Chas Thomson (SP #117125)

Issues:
A hearing was called on allegations that Pioneer Garage Limited DBA Fraser Valley Pre-owned (#40190) (“Pioneer Pre-Owned”) and Chas Thomson (#117125) had violated:

Section 9 of the Business Practices and Consumer Protection Act S.B.C. 2004, c 2 (“BPCPA”) (unconscionable acts and practices);
Section 5 of the BPCPA (deceptive acts or practices);
Subsection 21(1)(l), as being a part of subsection 21(2), of the Motor Dealer Act Regulation B.C. Reg. 447/78 (“MDAR”)(failure to itemize charges on purchase agreement); and
Section 23 of the MDAR (insufficient disclosure of material facts).

The Authority also alleged that:

Mr. Thomson had made false assertions to the Authority, in the course of its investigation of Ms. Webster complaint; and
Pioneer Pre-Owned had violated the terms of three (3) previous undertakings.

Outcome:
The Registrar found that both Pioneer Pre-Owned and Mr. Thomson had:

Engaged in unconscionable acts and practices in violation of Section 9 of the BPCPA; and
Engaged in deceptive acts and practices in violation of Section 5 of the BPCPA.

• The Registrar found the allegations under section 21 of the Regulation had been abandoned by the Authority and refused to consider them.
• The Registrar found that Pioneer Pre-Owned had violated three prior undertakings under the BPCPA.
• The Registrar found that Pioneer Pre-Owned had violated Section 23 of the MDAR.
• The Registrar found that Mr. Thomson made false statements to the Authority.
• The Registrar Suspended Pioneer Pre-Owned’s dealer registration for 30 days.
• The Registrar placed conditions on Pioneer Pre-Owned’s dealer registration, whereby it is prohibited from arranging financing for customers for a period of not less than 1 year.
• The Registrar imposed an administrative penalty on Pioneer Pre-Owned in the amount of $25,000 for its violations of the BPCPA
• The Registrar imposed an administrative penalty on Pioneer Pre-Owned in the amount of $36,000 for its having breached 3 prior undertakings (i.e. $12,000 per breach).
• The Registrar suspended Mr. Thomson’s sales person licence for 30 days.
• The Registrar placed conditions on Mr. Thomson’s sales person licence, whereby he is required to take and successfully complete the Salesperson Certification Couse, at his own expense.
• The Registrar placed conditions on Mr. Thomson’s sales person licence prohibiting him from arranging financing for customers for a period of not less than 1 year
• The Registrar placed conditions on Mr. Thomson’s sales person licence prohibiting him from acting in a management role without the prior written consent of the Authority
• The Registrar placed conditions on Mr. Thomson’s sales person licence requiring all his transactions be reviewed and approved by a Manager prior to the transaction being finalized
• The Registrar imposed an administrative penalty on Mr. Thomson in the amount of $750 for his violations of the BPCPA.

Click here for the full decision (PDF)

Registrar's Decision

Registrar’s Decision 17-07-002

vsabc.ca