Appeal to retry local car dealer rejected

A bid to retry an Amherstburg car dealership for shady business practices failed this week when an Ontario appeal judge refused to grant a new trial.

Ontario court Justice Sharman Bondy thoroughly explained her findings in what she called a “confusing and complex” trial that acquitted Clarke Chevrolet Buick GMC of charges of unconscionable conduct and unfair business practices related to the sale of a vehicle in 2011. Bondy was “satisfied with the justice of the peace’s original findings about the credibility and reliability of the evidence,” she told the court on Monday.

Representatives from the Ontario Motor Vehicle Industry Council — the group that issued the charges under the Consumer Protection Act — were once again disappointed in court on Monday.

OMVIC director of legal services Michael Rothe said there is still another chance for an appeal. “We’re going to have to wait to review the detailed findings and go from there,” he said. “It’s definitely disappointing.”

The trial focused on Brendan Vettoretti’s ability to understand financial documents he signed when he purchased a car from the dealer. The attorney representing Chevrolet said Vettoretti was a satisfied customer who became disgruntled once he realized he couldn’t afford the monthly payments.

Lawyers representing OMVIC argued Vettoretti lacked the intellectual capacity to understand complex documents he signed.

The Chevrolet dealer and two of its senior managers, Jim Clarke and Jesse Howell, were acquitted of the more serious charges in 2013. But the court fined the company $12,500 for using an unregistered salesman.

“IT’S DEFINITELY DISAPPOINTING.” MICHAEL ROTHE