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Registrar's Decision

Registrar's Decision 09-111523

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.

Click here for the full decision (PDF)