Registrar's Decisions H-23-08-002, H-24-01-004, H-24-03-003

ISSUES: 

Three matters were ordered to be heard together.  It was alleged that the various conduct of the licensees constituted breaches of sections 3(1), 4, 13.1, 25 and 32 of Motor Dealer Act (“MDA”), section 33(2)(a) of the Motor Dealer Act Regulation (“MDAR”) and section 5(1) of the Business Practices and Consumer Protection Act (“BPCPA”).  The status of the registration of Mile’s End Motors Ltd. at the time of the hearing was cancelled. 

OUTCOME: 

In respect of hearing file No.: H-23-08-002: 

A breach of section 32 of the MDA by failing to provide financial statements to the Authority within a reasonable time of the Registrar’s request. 

In respect of the hearing file No.: H-24-03-003: 

A breach of sections 3(1) and 13.1 of the MDA for carrying on business as a motor dealer elsewhere than at or from their business premises and for employing or engaging an unlicensed salesperson, a breach of section 25 of the MDA by failing to respond to the Registrar’s request for information, a breach of section 33(2)(a) of the MDAR for failing to act with honesty and integrity and a breach of section 5(1) of the BPCPA for engaging in a deceptive act or practice in respect of a consumer transaction. 

In respect of hearing file No.: H-24-01-330: 

A breach of a condition of its registration that the Authority had imposed pursuant to section 4 of the MDA that it maintain an Irrevocable Line of Credit by letting it lapse without a replacement in place. 

PENALTY: 

In respect of Mile’s End Motors Ltd., an administrative penalty in the amount of $50,000, a ban on re-applying for registration for a period of seven years from the date of the decision and a condition that if Mile’s End Motors Ltd. applies for registration after expiry of the seven year waiting period that the application must be supported by an Irrevocable Letter of Credit issued by a financial institution. 

In respect of David Bentil, an administrative penalty in the amount of $35,000, cancellation of his salesperson license #111771, a ban on reapplying for licensing for a period of five years, a condition that any salesperson license issued to David Bentil after the five year waiting period has expired will have a condition attached to it that restricts David Bentil to working only as a salesperson and not in a managerial or finance role with Mr. Bentil being at liberty to apply to have this condition modified or cancelled no earlier than two years after being relicensed. 

LEGISLATION CITED: 

Motor Dealer Act, RSBC 1996, c 316. 

Motor Dealer Act Regulation, BC Reg. 447/78 

Business Practices and Consumer Protection Act, S.B.C. 2004, c.2