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Parvez Tyab heads to court after bank takes his Tesla

- By Mike Caswell

VANCOUVER BUSINESSMA­N Parvez Tyab has filed a lawsuit in the Supreme Court of British Columbia over the seizure of his car, a 2014 Tesla Model S. He claims that the dealership that sold him the vehicle failed to disclose a lien. According to Mr. Tyab, the dealership’s owner was well aware of the lien as the owner was the one who had taken out the associated loan.

The allegation­s are contained in a notice of claim that Mr. Tyab filed at the Vancouver courthouse on Oct. 4, 2018. The suit targets Affinity Auto Group Inc. of Vancouver and its owner, a man named Trevor Kramer. Also a defendant is TD Auto Finance (Canada) Ltd., which seized Mr. Tyab’s car.

The case centres around a 2014 Tesla Model S that Mr. Tyab purchased at Affinity Auto in April, 2015. According to the suit, several months before the purchase Mr. Kramer had borrowed money from TD Auto using the Tesla as security. The loan was in the amount of $137,666. TD lent Mr. Kramer the money knowing that he intended to sell the car through Affinity Auto’s business, the suit states.

When Mr. Tyab purchased the car, all went as he expected. He says that he paid $104,000, with the payment comprising $16,100 in cash plus a trade-in. Mr. Tyab considered himself to be the rightful owner of the Tesla after completing the deal. Affinity Auto never told him about any loan and represente­d that it was selling the car free and clear of any interest registered against the Tesla, the suit states.

The problems, as described in the suit, came abruptly, over three years later. In September, 2018, TD seized the car. According to Mr. Tyab, the seizure came because Mr. Kramer had failed to pay the loan associated with the vehicle. Mr. Tyab says that he has since demanded that TD return the vehicle, but it has refused.

Mr. Tyab is seeking damages for negligent or fraudulent representa­tion against Affinity Auto and Mr. Kramer. He is also seeking a declaratio­n that he owns the Tesla outright, free of any security interest of TD. In addition, Mr. Tyab is asking for an injunction that would prohibit TD from selling the car until the case is heard.

Vancouver lawyer Timothy Goepel of Lindsay Kenney LLP filed the suit on Mr. Tyab’s behalf. The defendants have not yet filed a response, and Affinity Auto may never file one. Its former location now belongs to a different car dealership and government records show that it is no longer in good standing for failing to file regular reports.

While Mr. Tyab has had roles with public companies, he does not appear to have any roles at present. In 2008, he was a director of Sea Dragon Energy Inc., and in 2013 he was briefly a director of United Hunter Oil & Gas Corp. (*CURRENT)

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TESLA Tesla Model S

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