Registrar’s Decision 16-04-002

Outcome:

• The Registrar considered whether Mr. Vu’s conduct indicated that there had been rehabilitation, remorse, acceptance of past conduct, restitution and/or positive steps taken to address any aggravating factors and applied Re: Peter Fryer (Registrar of Motor Dealers, Hearing File 13-11-005, December 13, 2013), affirmed by Fryer v. Motor Vehicle Sales Authority of B.C. 2015 BCSC 279 (BC Supreme Court).
• The Registrar was satisfied that, unlike Peter Fryer, Mr. Vu showed remorse and acceptance of past conduct and was working on rehabilitation and improvement.
• The Registrar had two concerns:

1. Mr. Vu had not been offered any employment; and
2. Mr. Vu had not yet finished the conditions of his probation order which would rebuild trust in him.

• The Registrar chose to grant Mr. Vu a conditional salesperson licence after receipt of an offer of employment by a dealership and that the following conditions be added to his licence. Mr. Vu is:

1. To advise any prospective employer of these conditions;
2. To not handle consumer money;
3. To not be in a management position without prior approval of the VSA;
4. To abide by the probation order;
5. To advise the VSA of any breaches of probation order or any other court proceedings criminal or civil;
6. To advise the VSA when all conditions of probation order have been fulfilled with supporting documents;
7. To fulfill all requirements for licensing; and
8. To abide by all laws and rules applicable to a salesperson within the motor dealer industry.

• The conditions would be reviewed after September 9, 2016, when Mr. Vu’s probation order ends.