HEARING FILE NUMBER: H-24-11-004
DATE OF DECISION: January 16, 2026
COMPLAINANT: Vehicle Sales Authority of BC (the “Authority”)
Treva Stubbs, Consumer Complainant
LICENSEES: 0851845 B.C. Ltd. dba Vernon Kia (“Vernon Kia”)
ALLEGATIONS:
It was alleged by the Authority that Vernon Kia contravened section 33(2)(i)(iii) of the Motor Dealer Act Regulation (“MDAR”) by aiding, abetting or causing the Consumer Complainant to contravene section 219 of the Motor Vehicle Act (“MVA”) by permitting her to operate a vehicle on a highway that was not suitable for transportation and therefore not equipped in all respects in compliance with the MVA and its regulations.
FINDINGS:
The Acting Registrar determined that they retained jurisdiction to determine the issues raised in the Notice of Hearing. The language of section 33(2)(i)(iii) of the MDAR was sufficiently broad to allow a finding of a contravention without a conviction of the other law, in this case the MVA. The Acting Registrar declined to stay the proceedings on procedural fairness grounds on the basis that Vernon Kia was aware of the case it had to meet and was given sufficient opportunity to respond. The Acting Registrar found that Vernon Kia contravened section 33(2)(i)(iii) of the MDAR when it aided, abetted or caused the Consumer Complainant to contravene section 219 of the MVA by permitting her to operate a vehicle on a highway that was not suitable for transportation and therefore not equipped in all respects in compliance with the MVA and its regulations.
PENALTY:
The Acting Registrar found that it was not appropriate in the circumstances to suspend or impose conditions on Vernon Kia’s registration and ordered Vernon Kia to reimburse the Registrar’s actual costs, including actual legal costs, in the amount of $15,000.00.
LEGISLATION:
Motor Dealer Act, RSBC 1996, c. 316.
Motor Dealer Act Regulation, BC Reg. 447/78
Motor Vehicle Act, RSBC 1996 c. 318
