In the matter of THE MOTOR DEALER ACT R.S.B.C. 1996 C.316 and THE SALESPERSON LICENSING REGULATION B.C. Reg. 241/2004
Complainant: REGISTRAR
Licensee/Unlicensed person:
DAVID MACRAE
Issues:
The VSA called a hearing to review the salesperson licence of David MacRae, having an outstanding warrant for arrest from a Canadian Province.
Mr. MacRae applied for a license in July 2005. He failed to provide a criminal record check.
The criminal record check was finally received in February 2006. No outstanding charges or convictions were noted.
In April 2008, Mr. MacRae completed a renewal stating there was a criminal matter before the courts in another province and he was dealing with the matter.
The VSA confirmed there were two outstanding warrants for Mr. MacRae’s arrest in 2006/2007.
In January 2013 it was confirmed that Mr. MacRae still had not addressed the outstanding warrants or provided written confirmation that the process had started.
Mr. MacRae was properly served a Hearing Notice to appear before the Registrar but failed to attend the hearing in person or by teleconference although he was told he could do so by a Licensing Officer.
Outcome:
The Registrar was concerned that Mr. MacRae posed a risk to the public interest if he were to continue to hold a salesperson licence.
The Registrar found Mr. MacRae avoided service, was avoiding a legal process, both in the Alberta courts and before the Register, and that it is not in the public interest that he continue to be licenced as a salesperson. It is not in the public interest to licence someone willing to avoid a legal process.
Mr. MacRae’s salesperson licence was cancelled effective immediately.
