Registrar's Decision

Compliance > Registrar’s Decisions > Registrar’s Decision 10-017 & 10-018

Registrar's Decision 10-017 & 10-018

File Number: 10-017/10-018

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:

MAFCAN MOTORS LTD. AND ALLA UDDIN CHEEMA

Issues:

Mafcan applied to be registered as a motor dealer with Mr. Cheema as sole owner and salesperson.
Mr. Cheema’s salesperson licence was also being reviewed.
The Authority was concerned about Mafcan’s business plan and its relationship with Mr. Cheema who had alleged involvement with curbers amongst other things.

Outcome:

Mr. Cheema was found to have assisted curbers while licensed and bridging motor vehicle sales while licensed as a salesperson.
Mafcan was not forthcoming with information and did not take the business plan process seriously. Mr. Cheema’s conduct reflected on how Mafcan would operate: section 5 of the Motor Dealer Act and Prestige Toys Ltd. v. Ontario (Registrar, Motor Vehicle Dealers Act) 2009 Carswell Ont 4743 (Ont. Superior Court of Justice (Divisional Court)).
Mafcan’s business plan included buying USA salvage vehicles, having them rebuilt and then sold to consumers. Mafcan’s proposed repair facilities were not satisfactory to the Registrar: section 3(1)(a)(iv) of the Motor Dealer Act.
Mafcan’s application for registration was refused: section 5 of the Motor Dealer Act.
Mr. Cheema’s salesperson licence was cancelled due to his past noted conduct: section 6 of the Salesperson Licensing Regulation.
Mr. Cheema may not reapply for a salesperson licence for three years: Pugliese v. B.C. (Registrar of Mortgage Brokers) 2008 BCCA 130 (B.C. Court of Appeal).
Mr. Cheema may not apply for registration as a motor dealer until he has an additional 2 years experience as a licensed salesperson in good standing: Pugliese.
The expiry of these waiting times does not guarantee issuance of a licence or registration. That will depend on the facts that exist at the time the applications are made.