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Registrar's Decision

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.

Click here for the full decision (PDF)