Registrar’s Decision

File Number: 13-08-001

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: MOTOR DEALER COUNCIL OF BRITISH COLUMBIA dba THE MOTOR VEHICLE SALES AUTHORITY OF BRITISH COLUMBIA

Licensee/Unlicensed person:

AUTOCANADA NORTHTOWN AUTO GP INC., a general partner of NORTHTOWN AUTO LP dba NORTHLAND CHRYSLER JEEP DODGE (Dealer #30541), FREDERICK BRENT MARSHALL (Salesperson # 105591) and MURRAY LEONARD CARLSON (Salesperson # 114143)

Issues:

• On April 7, 2015, counsel for the respondent, Northland, wrote indicating that there was a conflict of interest in acting for Mr. Marshall for the Hearing set to commence on April 13, 2015.
• On April 8, 2015, the Registrar requested all parties to advise their position on whether an adjournment was required.

Outcome:

• Counsel for Mr. Marshal and the VSA took the position that no conflict arose. However, Counsel for Northland continued to seek an adjournment as more time was needed to investigate the conflict of interest.
• The Registrar adjourned the hearing set for April 13, 14, and 15, 2015, and directed that all counsel appear by teleconference on April 13, 2015, to discuss the terms of adjournment.