HEARING FILE NUMBER: H-25-04-005
DATE OF DECISION: August 14, 2025
COMPLAINANT: Vehicle Sales Authority of BC (the “Authority”) , Omran Ahmad, Consumer Complainant
LICENSEES: Messiah Motor Cars Inc. (“Messiah”) and Bruce Chan (“Mr. Chan”)
Allegations:
It was alleged by the complainant that Messiah and Mr. Chan sold him a vehicle that was unsafe. Following a written hearing, it was determined that Messiah contravened the following legislation:
Section 5(1) of the BPCPA by making an oral, written, visual, descriptive or other representation that the Vehicle was of a particular standard or quality when it was not, within the meaning of section 4(3)(a)(ii) of the BPCPA.
Section 5(1) of the BPCPA by making an oral, written, visual, descriptive or other representation that uses exaggeration, innuendo or ambiguity about a material fact, or that fails to state a material fact, where the effect is misleading, within the meaning of paragraph 4(3)(b)(vi) of the BPCPA.
Section 22 of the MDAR for failing to ensure that any written representation including every purchase order, sales agreement or form of contract used in a consumer transaction for the purchase of a motor vehicle not intended for transportation contains a statement that the motor vehicle is not suitable for transportation and is sold for parts only or purposes other than transportation.
Section 27(b) of the MDAR for failure to affix information to the vehicle that was not suitable for transportation in a clear and legible manner the statement “Not Suitable for Transportation”,
Section 33(2)(i)(iii) of the MDAR by aiding, abetting or causing Mr. Ahmad to contravene section 219 of the Motor Vehicle Act by allowing the Vehicle to be driven from its dealership and onto a highway when it was unsuitable for transportation.
Mr. Chan was not found to have contravened any legislation.
Penalty:
Messiah was ordered to pay administrative penalties in the amount of $40,000 plus the Authority’s costs with the quantum of costs to be assessed following receipt of further submissions from the parties.
Legislation:
Motor Dealer Act, RSBC 1996, c. 316.
Motor Dealer Act Regulation, BC Reg. 447/78
Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2
