VSA

Registrar's Decision

Registrar's Decision 20-03-001

HEARING FILE NUMBER: 20-03-001

IN THE MATTER OF THE MOTOR DEALER ACT, R.S.B.C. 1996 C.316AND THE BUSINESS PRACTICES AND CONSUMER PROTECTION ACT, S.B.C. 2004, C.2

DATE OF DECISION: April 15, 2022

COMPLAINANT: Susan Birch and Vehicle Sales Authority of BC (the “Authority”)

LICENSEE/UNLICENSED PERSON:

LGN Enterprises Inc. dba LGN Auto Clearance Centre (Motor Dealer Licence #40289), A&A Auto Sales Ltd. dba Auto Clearance Downtown Hastings (Motor Dealer Licence #40660), Aykut (Alex) Bilgin (Salesperson Licence #201174), Mohammad (George) Lateef (Salesperson Licence #203435) and Dusean David Leblanc (Salesperson Licence #209336, lapsed),

collectively (the “Respondents”)

INTRODUCTION:

The Respondents applied to have this hearing dismissed and an order for their costs. The basis of that application involved BC Supreme Court case Law Society of British Columbia v. Loraine Lee, SCBC File No.: S214739 and statements made by Loraine Lee that any legal services she provided in this hearing were at all times supervised by then Registrar, Ian Christman.

On September 8, 2021, Registrar Christman recused himself from adjudicating this matter on the basis of a reasonable apprehension of bias. The matter was reassigned to Claire E. Hunter, Q.C.

ISSUES:

The parties agreed on certain facts to be included in an Agreed Statement of Facts. The Authority sought a formal disposition of the matter but did not seek any penalty or order for costs. The Respondents sought dismissal on procedural grounds. The undisputed facts disclosed serious compliance issues and breaches of the applicable legislation on the part of the Respondents in connection with a 2005 Lincoln Navigator, including:

  • Making false declarations in a Contract of Purchase and Sale
  • Failing to disclose that the Lincoln was “Not Suitable for Transportation”
  • Repeatedly offering to sell the same Lincoln while still unsuitable for transportation

OUTCOME

The acting Registrar agreed with the Authority that given the serious infractions which the Respondents do not dispute occurred, a formal disposition on the record was appropriate.

The acting Registrar ordered and declared that the Respondents breached:

  • Subsection 27(b) of the Motor Dealer Act Regulation; and
  • Subsection 5(1) of the Business Practices and Consumer Protection Act

The Respondents are to comply with the MDA and the BPCPA and the regulations made thereunder.

CASES CITED

Law Society of British Columbia v. Loraine Lee, SCBC File No.: S214739