FILE NUMBER:

HEARING DATE: May 2 and June 8, 2007

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: REGISTRAR

MOTOR DEALER and/or SALESPERSON: SRG ENTERPRISES LTD. dba SRG MOTORS & SRG AUTO (Dealer #10769) AND ROBERT SCOTT GILLIES (Salesperson #106237)

ISSUE:

• Dealership called to hearing after complaints made against dealership revealing possible infractions of the Motor Dealer Act as well as the Business Practices and Consumer Protection Act.
• The dealer sold a van that had been in a serious California accident, showing the customer a Carfax report that didn’t have this history
• After the customer purchased a CarProof report and demonstrated this accident, SRG and Mr. Gillies gave the customer a refund and took the vehicle back.
• SRG sold the van twice more, continuing to use the incorrect Carfax report, but not disclosing the proper history
• The van had serious problems and on each occasion, the subsequent buyers complained to the VSA and they were given a refund
• Finally, the CTV consumer reporter Chris Olsen discovered that Mr. Gillies and SRG had sold the vehicle to a wholesaler in Alberta and complaints arose in that province.

OUTCOME:

• The licences of Mr. Gillies and SRG were suspended and reinstated July 11 as part of an undertaking in which Mr. Gillies acknowledged the following:
  • "During the course of these transactions the subject motor dealer and Robert Scott Gillies made representations that had the tendency and effect of deceiving and misleading the aforementioned consumers contrary to Section 4 of the Business Practices and Consumer Protection Act."
• An administrative assessment of $10,000 was assessed as well as $3,133.42 for VSA’s investigation cost recovery

COMPLETE DECISION: Industry Bulletin July 16, 2007

Top