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:
SANJAY ASHOK SHARMA
Issues:
Mr. Sharma applied to be licenced as a salesperson.
A background check determined Mr. Sharma had been licensed by the Insurance Council of BC and disciplined in 2010.
Mr. Sharma lost his insurance licence for two years (ending August 31 2012) and was also fined for taking client money for his own use on two occasions, and misleading his employer and the Insurance Council during their investigation. Mr. Sharma was employed as a runner selling insurance at car dealerships. His transgressions took place with clients of motor dealerships.
Before the Insurance Council and the Registrar, Mr. Sharma claimed that what happened was an error. After a hearing, the Insurance Council did not accept Mr. Sharma’s explanation as it was inconsistent with all the evidence.
Mr. Sharma failed to declare on his application to the Registrar that he had been licensed by the Insurance Council and disciplined by them.
Outcome:
The Registrar must accept the factual findings of the Insurance Council absent some clear and over-riding evidence to suggest those findings are clearly wrong: Toronto (City) v. C.U.P.E., Local 79 [2003] 3 S.C.R. 77 (Supreme Court of Canada).
Mr. Sharma’s transgressions while a licensed insurance salesperson were fairly recent. They were serious and connected with the motor vehicle sales industry.
Of concern was Mr. Sharma’s willingness to mislead the Insurance Council, conduct which continued when he attempted to mislead the Registrar.
Mr. Sharma was denied a licence as a motor vehicle salesperson.
Mr. Sharma may not apply for a licence for two years – October 26, 2013. Whether he will be licenced at that time will depend on the facts at that time.
