Registrar's Decision

Issues:

• Dealerships were called to a hearing pursuant to Section 5(1) of the Business Practices and Consumer Protection Act S.B.C. 2004 c.2, Motor Dealer Act Sections 5 and 6, Salesperson Licensing Regulation Sections 6 and 7, Mo tor Dealer Customer Compensation Fund Regulations to recover monies paid by the Compensation Fund.
• Evidence presented by Compliance Officers and Manager of Licensing
• Salespersons were called to a hearing pursuant to Section 5(1) of the Business Practices and Consumer Protection Act S.B.C. 2004 c.2, Motor Dealer Act Sections 5 and 6, Salesperson Licensing Regulation Sections 6 and 7, Motor Dealer Customer Compensation Fund Regulations to recover monies paid by the Compensation Fund.

Outcome:

• The Registrar cancelled dealer registration #30606, #30672, #30679 (Southwest RV) and #30314 (True North RV) under sections 5 and 24 of the Motor Dealer Act.
• The Registrar cancelled salesperson license #106593 of Kersti Clark under section 6 of the Salesperson Licensing Regulation.
• The Registrar cancelled salesperson license #108943 of Kelly Grainger under section 6 of the Salesperson Licensing Regulation.
• The Registrar determined that the two dealers and the two salespersons acted wrongfully in conducting consignment sales of consumer vehicles resulting in over 35 Compensation Fund claims.
• The claims that were approved amounted to $316,768.20 in payments.
• There was also $467,100.00 in legal costs and costs associated with the court appointed receiver-manager to operate Southwest RV.

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