Registrar's Decision

14-12-002

File Number: 14-12-002

In the matter of THE MOTOR DEALER ACT R.S.B.C. 1996 C.316
and THE BUSINESS PRACTICES AND CONSUMER PROTECTION ACT, S.B.C. 2004 c. 2

Complainant: Vehicle Sales Authority and Mike Bunyak

Licensee/Unlicensed person:

Daryl’s Best Buys Auto Sales Ltd. (DL #11019) and Darrin Joseph Cotnam (SP #119247)

Issues:

• On November 12, 2015, the complainant, Mike Bunyak, requested reconsideration of the Registrar’s Decision made on October 5, 2015, claiming there was new evidence.
• The request was outside the 30 day time limit set by the legislation but was extended as (a) Mr. Bunyak was confused about the process, (b) Mr. Bunyak was expecting further communication from the VSA, (c) the request was only seven days after the time limit, (d) there was a holiday on November 11, e) there is no prejudice to any party extending time, and (f) it is preferable to deal with the request for reconsideration on merits to ensure justice.

Outcome:

• The Registrar found Mr. Bunyak’s “new” evidence was not new as defined by sub-section 182(2) of the BPCPA.
• The request for reconsideration was denied