Complaint, Claim or Court Action

Why is filing a complaint or claim with the VSA and starting a court action at the same time not recommended? Both the VSA and the courts have jurisdiction in applying the deceptive and unconscionable act provisions of the Business Practices and Consumer Protection Act (BPCPA). The VSA will usually suspend an investigation while a court is acting. The VSA is bound to follow the decisions of the B.C. Supreme Court and should follow the decisions of the Provincial Court.

I’ve filed a complaint or claim with the VSA and also filed in court. What now? Please notify the VSA. Your investigation will most likely be suspended.

Can I restart my consumer complaint or claim after a court ruling has been made? Once the court makes its ruling, the matter has been judged. The VSA and the Motor Dealer Customer Compensation Fund Board are not able to make a different decision.

If I don’t like the decision of the court, can the VSA continue its investigation? If you are unhappy with the decision of the court, you must appeal it through the courts. The court must also enforce any decision they make.

What will the VSA do after a court ruling has been made? The VSA will add the decision to the file of the dealer. If the court determined the law was broken, the VSA will review the business practices of the dealer. Licensing and compliance action may be taken, but no review of the original consumer complaint will occur.