You’re offline. This is a read only version of the page.
Pioneer Garage Limited DBA Fraser Valley Pre-owned (#40190) and Damian Smart (#109080)
Issues:- A hearing was convened to address Pioneer’s (#40190) Application to the Registrar for Dismissal of the Complaint against it.
- Pioneer alleged that the VSA and Barclay had engaged in improper communication, after the October 12, 2017 hearing had been adjourned, in violation of the Registrar’s Order.
- Pioneer argued that said communication prejudiced it in the instant proceedings, as well as in other matters currently before the Registrar.
- Pioneer also argued that Barclay, having been compensated by Pioneer, would not suffer any prejudice from the dismissal of the Complaint against Pioneer.
- The Registrar found that:
• The VSA and Barclay had violated his Order by communicating with one another.
• Any prejudice that communication may have caused Pioneer could be cured by Barclay’s and the VSA’s sharing the substance of their communication with Pioneer.
• Barclay retained an interest in having the Complaint against Pioneer adjudicated on its merits.
• The public interest in having the Complaint against Pioneer adjudicated on its merits outweighed any prejudice that Pioneer might have sustained.
- The Registrar denied Pioneer’s Application for Dismissal.
- The Registrar ordered that – should the VSA prevail upon its Complaint – it would not be entitled to recoup any costs, including attorney’s fees, associated with the hearing on November 30, 2017.
- The Parties were to confer as to dates on which a continuation of the hearing could take place.
- If the Parties are unable to provide dates by January 26, 2018, any Party can apply to the Registrar to set a date.
