FILE NUMBER: 09-70100/09-70695

HEARING DATES: August 19, November 16 and 17, 2009

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: ISSAC ROBERTS

MOTOR DEALER and/or SALESPERSON: MATRIX AUTO SALES LTD. (Dealer #30590) AND MOHAMMAD REZA FORGOHI (Salesperson #108684) AND RAMIN KARAMALI (Salesperson #109444) AND REZAPOOR HABIBOLLAH (Salesperson #109382)

The attached is not a final decision in this case. Matrix’s lawyer wanted production of certain documents and this is a preliminary decision or pre-hearing decision regarding procedure.

ISSUE:

• Motor Dealer sought production of additional documents.
• Some of those documents were held by ICBC and Matrix wanted an order compelling ICBC to produce those documents.
• The motor dealer alleged illegal conduct on the part of the complainant to justify the extra document production.

OUTCOME:

• The order for production was denied.
• The motor dealer’s basis for making the allegation had little foundation on the presented evidence.
• Such a probing inquiry and order for production must be based on some clear evidence and not a mere allegation before an order to produce records will be made against ICBC or another third party.

COMPLETE DECISION: File 09-70100 09-70695 Hearing Decision File Roberts v Matrix – Preliminary Decision on Documents October 27, 2009

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