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Anita L. Prince (unlicensed)
Issues:The Authority requested a hearing before the Registrar alleging that Anita L. Prince:
(a) acted as a motor dealer without being registered, contrary to section 3(1) of the Motor Dealer Act, R.S.B.C. 1996, c. 316,
(b) failed to provide the consumer purchasers a purchase agreement containing the required statutory declarations, contrary to sections 21 and 23 of the Motor Dealer Act Regulation, B.C. Reg. 447/78, and
(c) the failure to provide those statutory declarations are deceptive acts or practices contrary to section 5(1) of the Business Practices and Consumer Protection Act, S.B.C. 2004, c.2.
The Registrar found that in 2018 and 2019, Anita L. Prince acted as a motor dealer while not registered, and
(a) sold eight (8) motor vehicles to individual consumers in 2018,
(b) sold 17 motor vehicles to individual consumers in 2019,
(c) advertised eight (8) vehicles for sale in 2019,
(d) obtained a total documented revenue from the 25 sales of $112,800, and
(e) did not cease and desist acting as a motor dealer after receiving a warning letter from the Authority to do so.
The Registrar dismissed the allegation that Anita L. Prince failed to provide the individuals a purchase agreement with the required statutory declarations. The evidence did not establish this fact. The allegation of a deceptive act or practice by failing to state a material fact was also dismissed. That allegation relied on a finding that Anita L. Prince did not provide purchase agreements with the required statutory declarations, which was dismissed.
The Registrar issued:
(a) a compliance order requiring Anita L. Prince to cease and desist acting as a motor dealer unless and until she was registered as one,
(b) a compliance order that Anita L. Prince pay $983.03 in costs, and
(c) A Notice of Administrative Penalty in the amount of $20,000.
The Registrar commented that should Anita Prince apply to be registered as a motor dealer; the application would be considered on the facts that exist at the time of the application.
Legislation cited:
Acts:
Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2, s. 4(3)(b)(vi) and s.5(1)
Interpretation Act, R.S.B.C. 1996, c. 238, s. 2; s. 28(4) and s. 29 definitions of “dispose” and “person”
Judicial Review Procedure Act, R.S.B.C. 1996, c. 241, generally
Motor Dealer Act, R.S.B.C. 1996, c., 316, s. 1(1) definitions of “motor dealer” and “sale”; s. 1(2); s. 3(1); s. 26.02; s. 26.06; s. 26.11, s. 26.12, s. 31; and s. 35(1)
Personal Property Security Act, R.S.B.C. 1996, c. 359, generally
Sale of Goods Act, R.S.B.C. 1996, c. 410, generally
Regulations:
Motor Dealer Act Regulation, B.C. Reg. 447/78, ss. 21 and 23
Motor Dealer Customer Compensation Fund Regulation, B.C. Reg. 102/95, s. 7(c)
Cases cited:
F.H. v. McDougall, 2008 SCC 53 (Supreme Court of Canada)
Gimili Auto Ltd. v. Canada Campers Inc. (Trustee of) (1998), 62 Alta. L.R. (3d) 40 (Alta. Court of Appeal)
GMAC LeaseCo Ltd. V. Moncton Motor Home & Sales Inc. (Trustee of) 2003 NBCA 26 (New Brunswick Court of Appeal)
Gmac Leaseco Ltd v. Stalker, 1999 CanLII 5443 (BC Supreme Court)
Hnidan v. Great West Chrysler Ltd. 2006 ABPC 288 (Alta. Prov. Ct)
Money in a Minute Auto Loans Ltd. v. Price 2001 BCSC 864 (BC Supreme Court)
Thow v. B.C. (Securities Commission) 2009 BCCA 46 (BC Court of Appeal)
Whitewater Motors Ltd. v. Amatto 1993 CarswellBC 762, 1993 CanLII 2415 (B.C. Supreme Court)
Re: Barnes Wheaton (North Surrey) Chevrolet Buick GMC Ltd. et al (April 16, 2020, File 19-07-004, Registrar)
Re: Imad Abdullah Rashid et al. (June 20, 2019, File 19-04-003, Registrar)
Re: Jin De Xing (October 29, 2018, Undertaking, Inv. File 18-02-048)
Re: Mykyta (Nick) Shtyrin (April 17, 2019, Undertaking, Inv. File 19-03-164)
Re: One West Auto Ltd. (November 8, 2019, Hearing File 19-09-001, Registrar)
Re: Wild Grizzly Transport Ltd. et. al. (May 31, 2018, File 18-04-003, Registrar)
Words or phrases legally considered
“dispose” and “disposition”
“motor dealer”
“primarily personal, family or household”
“sale”
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