Registrar's Decision 17-07-002

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