In the matter of THE MOTOR DEALER ACT R.S.B.C.1996 C.316 and THE BUSINESS PRACTICES AND CONSUMER PROTECTION ACT S.B.C. 2004 c.2
Complainant: REGISTRAR
Licensee/Unlicensed person:
ANWAR BADSHAH
Issues:
A hearing was held to review a salesperson’s licence.
During the hearing, the salesperson’s lawyer asked the Registrar to disqualify himself from hearing the matter.
The lawyer argued the Registrar lacked judicial independence and acted as the prosecutor and not a decision-maker by questioning a legal argument advanced by the salesperson.
Outcome:
There was no evidence of outside influences affecting the Registrar’s ability to make independent decisions.
The legislative scheme allows and even requires the Registrar to make inquiries about the law and the facts during a review of a person’s licence.
The Registrar did not disqualify himself from hearing the case.
