Registrar’s Decision 18-01-003

Outcome:

• The Registrar found that:

1. Burnside had been properly served with the Notice of Hearing.
2. Burnside had failed to attend the Hearing.
3. Despite the lapsing of Burnside’s Motor Dealer Registration, prior to the hearing, the VSA and the Registrar have jurisdiction over Burnside in relation to Mr. Bolger’s complaint.

• The Registrar found that:
  In respect of the transaction with Mr. Bolger, Everyday Motors and Burnside undertook a joint venture.
• The Registrar found that:

1. Burnside engaged in a deceptive act or practice in respect of the transaction with Mr. Bolger.
2. Mr. Fraser engaged in a deceptive act or practice in respect of the transaction with Mr. Bolger.
3. Mr. Fraser and Burnside are jointly and severally liable for the loss suffered by Mr. Bolger in the amount of $22,126.04.

• The Registrar ordered that Mr. Fraser and Burnside compensate Mr. Bolger for his loss, in the amount of $22,126.04
• The Registrar ordered that Mr. Fraser and Burnside reimburse the VSA for its costs, associated with investigating and hearing Mr. Bolger’s Complaint.
• The Registrar prohibited Mr. Fraser from:

1. Changing employment at a dealership; or
2. Holding a management position at a dealership without the prior written permission of the VSA.

• The Registrar prohibited Mr. Fraser from participating in or arranging any financing, including lease arrangements, for a consumer.
• The Registrar order Mr. Fraser to have all consumer transactions to be reviewed by a manager at his dealership prior to the consumer transaction’s being finalized.
• The Registrar ordered Mr. Fraser to retake and pass the salesperson licensing course at his own expense by May 18, 2018.
• The Registrar ordered Mr. Fraser to bring the conditions imposed on his license to the attention of his current and any subsequent employer.
• The Registrar ordered that the conditions of Mr. Fraser’s license could be reviewed in one year.

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