Automotive News Canada - September 2023 - 21

* SEPTEMBER 2023
21
Plaintiff awarded damages for
'substandard' PPF installation
By ERIC FREEDMAN
LEGAL CORRESPONDENT
THE BRITISH COLUMBIA
Civil Resolution Tribunal has
ordered a dealership in the
northwestern town of Smithers
to pay a purchaser $3,279 in
damages, plus interest, to reinstall
paint protective film (PPF)
on his new pickup.
Installation of the PPF by
Glacier Toyota's subcontractor
was " substandard, " and the
dealership failed to ensure the
work " was done to a reasonably
competent standard, " tribunal
member Megan Stewart wrote
in her July 4 opinion.
The customer, James
McDonald, said he assumed
that the PPF would be a Toyota
product " with pieces specifically
designed and tailored to his
truck's make and model and
installed by a trained professional
at the dealership, " the
decision said. However, Glacier
Toyota outsourced installation
of 3M PPF for the hood, fenders,
mirrors, bumper grille,
roof, pillars, headlights and fog
lights, it said.
Reports from the two experts
who examined the vehicle supported
McDonald's position
that the work was poorly done,
although they disagreed on
whether all or only part of the
PPF required replacement.
Stewart accepted McDonald's
argument that a complete PPF
was required and awarded
damages to cover the cost. She
rejected his
claim for additional
damages.
Dealership
General
Manager
Scott Olesiuk
declined to
comment on the case.
The decision did not include
the year and model of the claimant's
Toyota.
CORPORATE DIRECTORS
'WRONGFULLY INTERFERED'
IN VW STORE'S OPERATION
AN EASTERN ONTARIO
Volkswagen store and its
majority shareholder are entitled
to more than $650,000 in
damages and legal costs from
two corporate directors who
wrongfully obstructed the dealership's
operations, a provincial
Superior Court judge has
ruled.
Justice Patrick Hurley
rebuffed an effort to overturn
an arbitration award in favour
of Cornwall Volkswagen's parent
corporation and the store's
dealer principal and general
manager, Caroline Bourret.
The dispute pitted brothers
Cameron and Christopher
Grant against Bourret, the
owner of 51 per cent of the
shares. The brothers are corporate
directors, and Cameron
Grant is the sole shareholder of
a company that owns the other
49 per cent, Hurley's decision
said.
In a court filing, the dealership
claimed the Grants
" engaged in a deliberate course
of conduct designed to obstruct
and interfere " with the dealership
for more than two years.
In their own court filing, the
brothers said Cameron Grant
" did not see eye-to-eye " with
Bourret about the store's operations.
An
arbitrator concluded that
the Grants " wrongfully interfered
with the operation of the
dealership by various obstructive
acts and thereby failed
to act in the best interests of
the business, contravened the
shareholders agreement and
breached their fiduciary duties
and duty of care as directors, "
the June 28 decision said.
The arbitrator had awarded
the dealership $348,279 for
impairment of good will and
lost revenue, plus $204,986 in
costs. She awarded another
$101,805 in costs to Bourret.
Hurley rejected the Grants'
challenge to the amount of damages,
finding sufficient evidence
to support the award and
concluding that the arbitrator
treated both sides " fairly and
equally. "
Bourret's lawyer, Gabriel
Poliquin, of Ottawa, said he
wasn't authorized to discuss the
case. The Grants' lawyer did
not respond to questions.
- ANC
Carle: 'Retention, training and growth'
CONTINUED FROM PAGE 9
" We don't build spacecraft;
we sell cars, " he said.
Dominic Sigouin, president
of Noahvik Consultants near
Montreal, said Carle recognizes
the need to concentrate on the
basics, listening to both customers
and employees and responding
to their feedback.
" That is the secret ingredient, "
Sigouin said. " If you take
care of the customer and the
employee, everything else will
fall into place. "
'NEVER LOSE YOUR COOL'
Six principles inform the
company's approach to building
business.
The " aspirational'' vision,
said Carle, is to become the best
dealership in the world both in
terms of customer and employee
satisfaction as well as sales volume.
The second principle is to
retain its 100-member team and
build the structure to create a
vibrant working atmosphere.
A key element with staff is
transparency, Carle said. " They
can tell me anything. If they
scratch a door outside, they can
run in and tell me. It's important
to never lose your cool. "
The third principle is to
apply discipline to achieve a
consistently smooth operation
with the least possible guidance
from senior managers. Results
are better when employees are
allowed to make their own decisions,
Carle
said.
" If you give
them direction
all the time,
they won't
grow. "
The first
Consultant
Dominic
Sigouin said
Ford dealer
Hugues Carle
stressed the
basics: Listen
to customers
and
employees,
then act
on their
feedback.
FILE PHOTO
three principles
all lead
to the fourth,
Carle said:
" a beautiful,
fluid structure "
with colleagues
who
have satisfaction
at the
heart of the
customer journey.
" Every
actor
in the
dealership
must have an open heart and
trust in the customer, " he said.
LET MANAGERS MANAGE
Carle leads by example,
making sure he's frequently
on the sales floor to meet with
customers and address issues
that arise. " It's hard on your
employees to [ask them to] do
more than you do, " he said.
Managers are given as much
autonomy as possible. They, in
turn, give autonomy to their
teams, spurring an influx of
innovative ideas. Carle Ford
also emphasizes maintaining
close ties with the dealer network
and with Ford Canada.
" The synergy of the network
has greatly influenced our
results, " Carle said.
Kirk Kristofferson, a professor
at the Ivey School of
Business at Western University
in London, Ont., and CADA
judge, praised Carle Ford for
recognizing and responding to
a shift in consumer behaviour.
" Hugues' focus included
extensive monitoring, measuring
and responding to consumer
communications through
process changes, to provide
exceptional customer service, "
Kristofferson wrote to
Automotive News Canada.
" Finally, the commitment to
employee retention, training
and growth ... is clearly vital to
the success of the organization. "
The dealership is committed
to constant improvement, Carle
said.
" We are not perfect, and we
still learn every day, " he said.
" Any new customer survey
that does not reflect the experience
we are expecting to give
our customers is scrutinized to
make the proper adjustments,
so the issue never comes back. "
- ANC
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Automotive News Canada - September 2023

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