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Wild Grizzly Transport and Pasquale Zampieri
Issues:Wild Grizzly Transport Ltd. and Pasquale Zampieri requested that the Registrar reconsider his Decisions, regarding:
o His cease and desist Compliance Order (May 10, 2018); and
o The Compliance Order assessing costs (May 31, 2018).
Wild Grizzly argued that their conduct under review occurred in 2017, and before the Registrar had the power to issue compliance orders under the Motor Dealer Act, on January 1, 2018.
Wild Grizzly Transport Ltd. and Pasquale Zampieri also asserted that they are importers/exporters and, therefore, enjoy a blanket exemption from the Registrar’s authority.
The Registrar found that neither Wild Grizzly Transport Ltd.’s nor Pasquale Zampieri’s Application put forth any new evidence.
The Registrar found that Wild Grizzly Transport Ltd.’s and Pasquale Zampieri’s Applications should be considered in light of the common law principles set forth in:
- Chandler v. Alberta Association of Architects, [1989] 2 SCR 848 (Supreme Court of Canada): Procedural Fairness
- Gill v. Canada [1987] 2 FC 425, (Federal Court of Appeal): Changes in the law, not considered by the tribunal, which could affect respondents’ rights.
The Registrar found no procedural unfairness in issuing his Compliance Order of May 10, 2018, and that there was legal authority to issue that Order.
The Registrar found that his Compliance Order of May 31, 2018 was:
- Not punitive;
- Based on the proceedings before the Registrar, which were commenced after section 26.02 of the MDA was in force;
- Made in consideration of the Authority not seeking the recovery of actual legal fees or any legal fees;
- Made in consideration of the Authority seeking only to recover its hard costs to investigate the allegations and bring them forward;
- Not a new consequence, as the Authority would have been entitled to seek its disbursements before the B.C. Supreme Court if it successfully obtained a
compliance order under section 31 of the MDA;
- The May 31, 2018 Compliance Order on costs was within his authority; and
- There was no procedural unfairness in the making of the May 31, 2018 Compliance Order on costs.
The Registrar’s original decision found Wild Grizzly Transport Ltd. and Pasquale Zampieri were acting as unregistered motor dealers and not as exporters or importers, and therefore they were not exempt.
The Registrar denied Wild Grizzly Transport Ltd. and Pasquale Zampieri.
