FILE NUMBERS: 08-70112 / C08-C0037

HEARING DATE: August 20, 2008

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: VAN ROYAL AUTO LTD. (Dealer #22690) AND KEANU SENOBARI (Salesperson #104107))

ISSUE:

• Dealership was called to a hearing for infractions under the Motor Dealer Act and the BPCPA.
• Salesperson was called to a hearing for infractions under the Motor Dealer Act and the BPCPA.
• Dealer was also called to a hearing regarding a claim adjudicated by the Motor Dealer Customer Compensation Fund Board on June 26, 2008.
• Dealer’s licence lapsed on or about July 15, 2005 and there had been no contact from the Dealer or its principal, Keanu Senobari.
• The VSA held a $5,000 irrevocable letter of credit which was demanded on June 10, 2008 and payment was received.

OUTCOME:

• Pursuant to the MDA, a motor dealer is liable to reimburse the Motor Dealer Customer Compensation Fund for any claims paid because of its conduct.
• The VSA is entitled to its investigation and hearing costs.
• The Registrar’s decision was that $5,000 be distributed as follows: $1090 be paid to the Customer Compensation Fund; The VSA recover its investigation costs and the Board recover its hearing costs which was set at $1,000; the balance is to be returned to VanCity Savings Credit Union to the credit of Van Royal Auto Ltd.

COMPLETE DECISION: File 08-70112 C08-C0037 Hearing Decision Van Royal Auto Ltd. August 20, 2008

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