Registrar's Decision 20-03-001

ISSUES:

The Applying Respondents are of the position that the delay in this case is due to the Authority taking an unreasonable and unexplained length of time to complete its investigation, investigation report and the Affidavit of Bill Manhas. As well as the time it has taken for external legal counsel to assume responsibility of the file on behalf of the Authority. The Applying Respondents’ situation is further frustrated by the Authority not providing cross-examination dates for their witness Dusean Leblanc. The continued delay continues to negatively affect them due to the restrictive sanctions that were put in placed on their business for in or around 24 months. They feel allowing the amendments will just cause further delay in the process.

The Authority disagrees that the delays have been inordinate and point out that there are many factors that have added to the delay, including delays due to the COVID-19 restrictions. Their position on the amendments is that they would not substantively add to the allegations or evidence but rather put them into proper form to ensure clarity and procedural fairness.

In the Hearing Notice Mohammad Lateef is mentioned as the General Manager of LGN Auto, who responded to the Authority in relation to the initial consumer complaint. It does not clearly state how Mohammad Lateef personally, was involved in the advertising and selling of the alleged unsafe vehicles but yet asks to suspend or cancel his salesperson licence and/or impose an administrative penalty in relation to his alleged conduct.

In the Hearing Notice and in the Investigation Report, Dusean Leblanc is not alleged to have been a part of any vehicle safety issues in any particularity, and allegations against him only involve him on the issue of the filing a false police report.

The Hearing Notice states that Aykut Bilgin is the dealer principal and owner of both the Respondents LGN and A&A and alleges that his conduct of the business of the two dealerships shows disregard for the safety of consumers in the manner in which vehicles were advertised and sold. However, the specific conduct is not clearly alleged in relation to this issue, nor that he acquiesced, condoned, or permitted the dealerships that he owns in doing so. The only clearly specified allegations against Aykut Bilgin is to the allegation of him filing a false police report.

Mohammad Lateef and Dusean Leblanc where not served with the Applying Respondent’s application to dismiss or with the Authority’s application to amend and therefore have not had the opportunity to fully participate in the hearing process to date.