VSA

Registrar's Decision

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, Vehicle Sales Authority of BC

Licensee/Unlicensed person:
Pioneer Garage Limited dba Fraser Valley Pre-Owned (#401900), Chas Thomson (#117125)

Issues:

  • On April 27, 2018, the Registrar issued a Decision, in which the Registrar found that both Pioneer Pre-Owned and Mr. Thomson had:
  1. Engaged in unconscionable acts and practices in violation of Section 9 of the BPCPA; and
  2. 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.
  • Pioneer Pre-Owned made four Applications for Reconsideration.
  • Mr. Thomson made one Application for Reconsideration

Outcome:

  • The Registrar found that:
  1. Neither Pioneer Pre-Owned’s nor Mr. Thomson’s Applications put forth any new evidence;
  2. Neither Pioneer Pre-Owned’s nor Mr. Thomson’s Applications put forth evidence that was substantial and material to his Decision; and
  3. Neither Pioneer Pre-Owned’s nor Mr. Thomson’s Applications contained evidence that the Registrar had failed to provide procedural fairness to Pioneer Pre-owned or Mr. Thomson.

The Registrar denied Pioneer Pre-Owned’s and Mr. Thomson’s Applications.

Click here for the full decision (PDF)