Registrar's Decision 16-05-002

Outcome:

• The Registrar considered the following:

1. 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. Sharma showed remorse and acceptance of past conduct and was working on rehabilitation and improvement.
2. It is incumbent on a regulated person to know the rules applicable to them: Windmill Auto Sales & Detailing Ltd. v. Registrar of Motor Dealers, 2014 BCSC 903 (BC Supreme Court).
3. Mr. Sharma tried to downplay the findings of the Insurance Council of B.C. The Registrar cannot relitigate the findings of the Insurance Council of BC: Toronto City v. CUPE Local 79, 2003 SCC 63 (Supreme Court of Canada).
4. The Registrar is to balance Mr. Sharma’s desire to work in the industry with protecting the public interests with the public interest being paramount: Pacific International Securities Inc., 2002 BCCA 421 (BC Court of Appeal).
5. Mr. Sharma should be refused a salesperson licence for a temporary period of time: Pugliese & Clarke v. Registrar of Mortgage Brokers of B.C., 2008 BCCA 130 (BC Court of Appeal).

• The Registrar refused Mr. Sharma a salesperson licence for a period of three months, until September 8, 2016. During that time he may work in an unlicensed position.
• Mr. Sharma’s work was to be reviewed by the Authority. If no issues were found, Mr. Sharma may be issued a conditional salesperson licence with conditions as follows:

1. To pay any fees owing to the Authority for the time Mr. Sharma did work while unlicensed;
2. To successfully complete the salesperson license course required;
3. To not handle any consumer money or hold a manager’s position for six months, until February 8, 2017
4. To not hold a manager’s position without the prior written approval of the VSA;
5. The conditions are conditional on Campbell River Honda meeting its conditions and reviewable one year after licence issued by Manger of Licensing.

• During the hearing Karl Ebdrup, owner of Campbell River Honda, stated he was willing to place his dealership on the line for Mr. Sharma including a bond or a letter of credit.
• The Registrar placed conditions on the registration of Campbell River Honda as follows:

1. To post a $10,000 irrevocable letter of credit in a form to be approved by the Authority prior to Mr. Sharma getting a salesperson licence;
2. To provide the Manager of Licensing its policy and procedures to ensure a person is licensed as a salesperson prior to working as such;
3. To be responsible for any financial charges caused by Mr. Sharma; All conditions can be reviewed and removed after Mr. Sharma is licensed for one year with Manager of Licensing authorized to review or remove those conditions.