VSA

Registrar's Decision

Registrar's Decision 20-11-012

HEARING FILE NUMBER: 20-11-012

IN THE MATTER OF THE MOTOR DEALER ACT, R.S.B.C. 1996 C.316AND THE BUSINESS PRACTICES AND CONSUMER PROTECTION ACT, S.B.C. 2004, C.2

DATE OF DECISION: April 1, 2021

COMPLAINANT: Vehicle Sales Authority of BC (the “Authority”)

LICENSEE/UNLICENSED PERSON: Tymoore Farid Salame (#210114)

INTRODUCTION:

An investigation was conducted by the Authority on Salesperson Salame due to regularly coming to the attention of the Authority and numerous allegations from past employers regarding his conduct. The results of the investigation lead to the Authority issuing a Hearing Notice in this matter against Salesperson Salame, on November 28, 2020

ISSUES:

The Authority alleged that Salesperson Salame:

  • Falsified why his salesperson license in Alberta was cancelled, stating it was because “my business went under”, when in fact the Alberta Motor Vehicle Industry Council (“AMVIC”) cancelled his licence in that province for transgressions involving fraud in relation to consumer transactions.
  • Tymoore Salame has an active warrant for his arrest in Alberta on allegations of fraud in relation to $75,000 involving CIBC bank.
  • There has been a consumer complaint in British Columbia against Tymoore Salame for deceptive acts or practices contrary to the Business Practices and Consumer Act, S.B.C., 2004, c. 2 (“BPCPA”).
  • There has been an industry complaint against Tymoore Salame for:
    • Acting as a salesperson when not licensed as a salesperson
    • Taking a $3,000 cheque destined for a consumer and depositing it into his own bank account
    • Convincing a consumer to e-Transfer $1,500 to his personal account using the name of a dealer, and
    • Obtained $3,990 from a dealer by lying about expected profits.
  • While working at a dealership, Mr. Salame is alleged to have used the dealer’s credit card to pay for gas for his personal use.

OUTCOME

The Registrar found that:

  • The allegations advanced by the Authority have been proven on a balance of probabilities and the proven misconduct makes Mr. Salame unsuitable to be licensed as a salesperson.
  • The active outstanding charges of fraud in Alberta alone would make Mr. Salame unsuitable for a salesperson licence until those charges are dealt with and the outcome known.
  • Therefore, the salesperson licence of Tymoore Farid Salame #210114, be cancelled effective immediately – as of this decisions date.
  • Tymoore Farid Salame be banned for a period of 8 years from the date the outstanding criminal charges have been addressed and the outcome known, from re-applying for any type of licence under the Motor Dealer Act; and from being involved in any way in the operations of a motor dealer including as an owner, shareholder or directing mind. The ban also applies to seeking approval to be a wholesaler representative

LEGISLATION CITED

Motor Dealer Act, R.S.B.C. 1996, c. 316
Business Practices and Consumer Act, S.B.C., 2004, c. 2
Consumer Protection Act, RSA 2000 c. C-26.3
Salesperson Licensing Regulation, B.C. Reg. 202/2017
Motor Dealer Act Regulation , B.C. Reg. 447/78

CASES CITED

  • 7679 [Greico] v. Registrar, Motor Vehicle Dealers Act (August 2, 2013, Ont. Licence Appeal Tribunal)
  • Best Import Auto Ltd. & Bahman Shokohi (October 18, 2018, File 18-06-005, Registrar)
  • Best Import Auto Ltd. v Motor Dealer Council of British Columbia, 2018 BCSC 834 (BC Supreme Court)
  • D’Mello v. Law Society of Upper Canada, 2015 ONSC 5841
  • F.H. v. McDougall, 2008 SCC 53 (CanLII), [2008] 3 SCR 41 (Supreme Court of Canada)
  • Fryer v. Motor Vehicle Sales Authority of British Columbia, 2015 BCSC 279 (BC Supreme Court)
  • Independent Investigations Office of British Columbia v Vancouver (City) Police Department, 2018 BCSC 1804 (BC Supreme Court)
  • Independent Investigations Office of British Columbia v. Vancouver (City) Police Department, 2020 BCCA 4 (BC Court of Appeal)
  • Pacific International et al v. B.C. Securities Commission 2002 BCCA 421 (B.C. Court
  • of Appeal)
    Re: Plosz (October 22, 2019, File 19-05-004, Registrar)
  • Re: Tibbo (October 16, 2020, File 20-08-001 Registrar)
  • Registrar, Motor Vehicle Dealers Act v. Vernon, 2016 ONSC 304 (Ont. Superior Court)
  • Round v. Institute of Chartered Accountants of Ontario, 2015 ONSC 7099
  • Strauts v. College of Physicians and Surgeons (British Columbia) (1997), 1997 CanLII 3188 (BC CA), 36 B.C.L.R. (3d) 106 (C.A.).
  • Toronto (City) v. C.U.P.E., Local 79, 2003 SCC 63 (CanLII), [2003] 3 SCR 77 (Supreme Court of Canada)
  • Wise v. Law Society of Upper Canada, 2010 ONSC 1937