Rodney J. Evason please guilty on 13 counts of curbing
In Saskatchewan it is illegal for an individual to carry on business as a vehicle dealer by purchasing and selling vehicles to consumers without a licence. This activity is known as curbing or curbsiding and the Financial and Consumer Affairs Authority (FCAA) is responsible for regulating this activity.
In September 2020, Rodney J. Evason, a vehicle dealer operating without a licence (i.e. a curber), pleaded guilty to 13 offences contrary to The Consumer Protection and Business Practices Act [Act] and The Consumer Protection and Business Regulations.
Mr. Evason’s unlawful activities included selling vehicles to consumers without a licence, knowingly making misleading statements to consumers in respect to material facts, and making false claims. Mr. Evason was fined more than $17,000 including victim surcharge fees and was ordered to pay nearly $7,000 in restitution to one of his victims.
Last year, the FCAA received information about Mr. Evason’s curbing activities. On at least two occasions, Mr. Evason was directed by the FCAA to cease and desist these activities, but he continued to purchase and sell vehicles without a licence. After an investigation by the FCAA, Mr. Evason was charged. In June 2019, a warrant was issued for his arrest and in March 2020, Saskatoon City Police executed that warrant.
Curbers often pose as private sellers who commonly misrepresent the vehicles they sell and may not disclose the vehicle’s history to a buyer. The Act requires all vehicle dealers to be licensed. The purpose of the licensing regime is to provide protection for consumers and outline obligations for industry.