Registrar's Decision

Compliance > Registrar’s Decisions > Registrar’s Decision 18-04-001

Registrar’s Decision 18-04-001

File Number: 18-04-001

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 and the VSA

Licensee/Unlicensed person:
Pioneer Garage Limited DBA Fraser Valley Pre-owned (#40190) and Damian Smart (#109080)

Issues:

A hearing was convened to address Pioneer’s (#40190) Application to the Registrar for Dismissal of the Complaint against it.
Pioneer alleged that the VSA and Barclay had engaged in improper communication, after the October 12, 2017 hearing had been adjourned, in violation of the Registrar’s Order.
Pioneer argued that said communication prejudiced it in the instant proceedings, as well as in other matters currently before the Registrar.
Pioneer also argued that Barclay, having been compensated by Pioneer, would not suffer any prejudice from the dismissal of the Complaint against Pioneer.

Outcome:

The VSA and Barclay had violated his Order by communicating with one another.
Any prejudice that communication may have caused Pioneer could be cured by Barclay’s and the VSA’s sharing the substance of their communication with Pioneer.
Barclay retained an interest in having the Complaint against Pioneer adjudicated on its merits.
The public interest in having the Complaint against Pioneer adjudicated on its merits outweighed any prejudice that Pioneer might have sustained.

The Registrar denied Pioneer’s Application for Dismissal.
The Registrar ordered that – should the VSA prevail upon its Complaint – it would not be entitled to recoup any costs, including attorney’s fees, associated with the hearing on November 30, 2017.
The Parties were to confer as to dates on which a continuation of the hearing could take place.
If the Parties are unable to provide dates by January 26, 2018, any Party can apply to the Registrar to set a date.