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Super Sale Auto Ltd. (#40285) and Navid Khoshbakht (#202467)
Issues:On January 3, 2020, the Registrar made findings that Super Sale Auto Ltd. (“Super Sale”) committed a deceptive act of practice in respect of a consumer transaction contrary to the Business Practices and Consumer Protection Act (“BPCPA). In addition, the Registrar found Super Sale and Navid Khoshbakht had breached both the Motor Dealer Act (“MDA) and the mutually agreed upon terms as outlined in the Undertaking of November 29, 2016.
The Registrar found that Navid Khoshbakht’s oversight and direction of Super Sale has led to cases of misconduct and a lack of cooperation with the VSA. In order to protect the public interest, the Registrar imposed several conditions on Navid Khoshbakht’s salesperson licence, including a four-month suspension.
The Registrar noted the Authority made no submissions on the recovery of its costs. The Registrar ordered a separate hearing process for the Authority to make any submissions with regard to its costs and provided Super Sale and Navid Khoshbakht an opportunity to respond, resulting in this decision.
The issue for this decision was what amount of, if any, cost recovery should be sought against Super Sale and Navid Khoshbakht.
Outcome:In reviewing past cases of a similar nature, the Registrar found the Authority’s submissions of inspection/investigation costs appear in line with those past decisions.
The Registrar ordered Super Sale and Navid Khoshbakht to pay costs in the amount of $1,131.62, payable to the Motor Vehicles Sales Authority of British Columbia and rendered Super Sale and Navid Khoshbakht joint and severally liable to pay these costs.
Legislation considered/referred to:
Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2
Motor Dealer Act, R.S.B.C. 1996, c. 316
Cases Cited:
Anita L. Prince (unlicensed) (June 4, 2020, File Number 20-02-11, Registrar)
Barnes Wheaton (North Surrey) Chevrolet Buick GMC Ltd. et al (April 16, 2020, File 19-07-004, Registrar)
