• File Number: 17-07-002
  • In the matter of Motor Dealer Act R.S.B.C. 1996, C. 316
  • and Business Practices and Consumer Protection Act S.B.C. 2004, C.2
  • Complainant: Breezy Webster, Vehicle Sales Authority of BC
  • Motor Dealer/Salesperson:

    Pioneer Garage Limited dba Fraser Valley Pre-Owned (#401900), Chas Thomson (#117125)

  • Issues:

    On April 27, 2018, the Registrar issued a Decision, in which the Registrar found that both Pioneer Pre-Owned and Mr. Thomson had:

    o Engaged in unconscionable acts and practices in violation of Section 9 of the BPCPA; and
    o Engaged in deceptive acts and practices in violation of Section 5 of the BPCPA.

    The Registrar found the allegations under section 21 of the Regulation had been abandoned by the Authority and refused to consider them.
    The Registrar found that Pioneer Pre-Owned had violated three prior undertakings under the BPCPA.
    The Registrar found that Pioneer Pre-Owned had violated Section 23 of the MDAR.
    The Registrar found that Mr. Thomson made false statements to the Authority.
    The Registrar Suspended Pioneer Pre-Owned’s dealer registration for 30 days.
    The Registrar placed conditions on Pioneer Pre-Owned’s dealer registration, whereby it is prohibited from arranging financing for customers for a period of not less than 1 year.
    The Registrar imposed an administrative penalty on Pioneer Pre-Owned in the amount of $25,000 for its violations of the BPCPA
    The Registrar imposed an administrative penalty on Pioneer Pre-Owned in the amount of $36,000 for its having breached 3 prior undertakings (i.e. $12,000 per breach).
    The Registrar Suspended Mr. Thomson’s sales person licence for 30 days.
    The Registrar placed conditions on Mr. Thomson’s sales person licence, whereby he is required to take and successfully complete the Salesperson Certification Couse, at his own expense.
    The Registrar placed conditions on Mr. Thomson’s sales person licence prohibiting him from arranging financing for customers for a period of not less than 1 year.
    The Registrar placed conditions on Mr. Thomson’s sales person licence prohibiting him from acting in a management role without the prior written consent of the Authority.
    The Registrar placed conditions on Mr. Thomson’s sales person licence requiring all his transactions be reviewed and approved by a Manager prior to the transaction being finalized.
    The Registrar imposed an administrative penalty on Mr. Thomson in the amount of $750 for his violations of the BPCPA.
    Pioneer Pre-Owned made four Applications for Reconsideration.
    Mr. Thomson made one Application for Reconsideration.

  • Outcome:

    The Registrar found that:
    o Neither Pioneer Pre-Owned’s nor Mr. Thomson’s Applications put forth any new evidence;
    o Neither Pioneer Pre-Owned’s nor Mr. Thomson’s Applications put forth evidence that was substantial and material to his Decision; and
    o Neither Pioneer Pre-Owned’s nor Mr. Thomson’s Applications contained evidence that the Registrar had failed to provide procedural fairness to Pioneer Pre-owned or Mr. Thomson.
    The Registrar denied Pioneer Pre-Owned’s and Mr. Thomson’s Applications.

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