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Registrar's Decision

Registrar's Decision 10-70085

File Number: 10-70085

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:

DENNIS DANIELS

Issues:

  • Application for licence as a salesperson
  • The Applicant was formerly licenced with the Authority but surrendered that licence and entered into an Undertaking in early 2009.
  • The allegation in the Undertaking involved the Applicant canceling consumer insurance policies and having the refunds sent to his home.
  • There was concern that the Applicant had been acting as a salesperson while unlicensed to do so.
  • The Applicant admitted to being employed at a dealership, but said he was not directly involved in sales.

Outcome:

  • The alleged conduct in the Undertaking was serious.
  • The definition of “salesperson” does not require direct interaction with a consumer. All that is necessary is to participate in any way with the “soliciting, negotiating or arranging for the sale of a motor vehicle to a person”.
  • There was evidence that the Applicant was acting as a salesperson while unlicensed.
  • The dealership placed the applicant into a position to view consumer personal and financial information while unlicensed. This was reprehensible.
  • It was not in the public interest to license the Applicant at this time.
  • The Applicant could not apply for a licence for at least three years. Any application would be assessed at that time.

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