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: Motor Vehicle Sales Authority
A hearing was called to review the salesperson licence of Neil Sudra, #106852. The staff of the Motor Vehicle Sales Authority (the “Authority”) raise the following concerns, as summarized from the Notice of Hearing, that in the months of April to June of 2010, Mr. Sudra did:
convert $3,000 of consumer money for his own use without authorization from the consumer or knowledge of the dealer;
provide financial advice to a consumer without the necessary regulatory licence, and
lose his employment for theft of $3,378.00 from his employer.
This issue came to light on May 6, 2014, when the dealer, where Mr. Sudra had been employed in 2010, contacted Compliance Officer Jas Virk to say they had a consumer claiming she gave Mr. Sudra $3,000 during the 2010 transaction, but the records she had did not account for that money. The consumer had gained employment at another dealership in 2014, and after her training relooked at her purchase documents and noted the discrepancy. The dealer compensated the consumer in the amount of $3,926.92 encompassing the original $3,000 plus interest.
The allegation that Mr. Sudra provided financial advice without being licensed was not substantiated and the Registrar dismissed that allegation.
Mr. Sudra did not contest the other allegations. The Registrar considered the following unique facts of this case:
The conduct of concern was 5 years ago and the VSA’s investigation found it was not repeated.
Mr. Sudra repaid all monies.
Mr. Sudra provided an expert’s report explaining why this occurred and that Mr. Sudra is a low risk of re-offending.
Mr. Sudra provided letters in support of his continuing to be licensed.
Mr. Sudra has taken steps to rehabilitate himself.
Mr. Sudra is remorseful.
Mr. Sudra has kept his licence, including his education requirements, in good standing since licensed in 2005.
Mr. Sudra’s salesperson licence was suspended for three months. The Registrar noted the suspension would have been significantly longer if the above factors did not exist.
To protect the public interest and monitor Mr. Sudra to see if he has fully earned the public’s trust, the following conditions were placed on his licence:
Mr. Sudra is to immediately advise the VSA of any new dealership employment in a vehicle salesperson capacity.
Mr. Sudra may not change dealership employment in a vehicle salesperson capacity without prior approval of the VSA.
This decision is reviewable by way of Petition to the B.C. Supreme Court pursuant to the Judicial Review Procedure Act. In accordance with the recent addition of section 7.1(t) of the Motor Dealer Act, referencing section 57 of the Administrative Tribunals Act, such a Petition must be filed within 60 days of this decision being issued.