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: August 25, 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 Tymoore 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 Tymoore Salame on November 28, 2020.

On April 1, 2021, the Registrar rendered a decision cancelling the licence of Salesperson Tymoore Salame and issuing an eight-year prohibition on him re-applying. On May 3, 2021, Tymoore Salame filed an appeal package requesting to have the April 1, 2021 Decision reconsidered by the Registrar and provided an updated criminal record search, letters in support of Mr. Salame, responses to the Registrar’s findings, and requested further time to file an affidavit in support of his application for reconsideration which was not opposed to by the Authority and which the Registrar granted. Mr. Salame also provided an email with a job offer when he filed his supporting affidavit.

ISSUES:

The Authority alleged that Salesperson Salame:

  • Provided false information on his salesperson application and to the Authority regarding his disciplinary case in Alberta.
  • Has an active warrant for his arrest regarding fraud in Alberta.
  • Has committed a deceptive act or practice contrary to the Business Practices and Consumer Act, S.B.C., 2004, c. 2 (“BPCPA”) in respect of a consumer transaction.
  • Has had an industry complaint against him for acting as a salesperson when not licenced to do so, among other things.
  • While working at a dealership, used the dealer’s credit card to pay for gas for his personal use.

In order for the Registrar to reconsider whether to vary or cancel his original April 1, 2021 Decision, Salesperson Tymoore Salame must meet the statutory requirement for new evidence, and follow the process prescribed in sub-section 26.12(2) of the Motor Dealer Act, which states the following:

          (2) The registrar may vary or cancel a determination only if the registrar is

           satisfied that new evidence has become available or has been discovered that

                   (a)is substantial and material to the determination, and

                   (b)did not exist at the time of the review or did exist at the time but was not discovered and could not through the exercise of reasonable diligence have been discovered.

OUTCOME

The Registrar found that other than the updated criminal record search and the job offer, that Mr. Salame did not provide any new evidence that did not exist at the time of the original hearing and that in his appeal package provided on May 3, 2021, he is only providing argument and evidence he could have provided at the original hearing. The affidavit filed in support of his reconsideration application also does not provide any new evidence as it is an affidavit of facts that existed at the time of the original hearing and no evidence was provided that would indicate that it could not have been provided at the original hearing.

Although the updated criminal record search and job offer would constitute new evidence, they on their own are not enough to substantially or materially alter the Registrar’s original decision.

The Registrar’s original decision accounted for the outstanding warrant, in that it had to be dealt with before the eight-year ban started to run. With Mr. Salame providing an updated criminal record search dated April 27, 2021, showing there are no longer outstanding criminal charges, the eight-year ban would commence from that date.

As for the job offer, while new, it does not change the Registrar’s duty to protect the public interest and is not material enough to address the concerning conduct the Registrar found in his original decision.

For the above reasons, the Registrar denied Tymoore Salame’s request for reconsideration.

LEGISLATION CITED

Motor Dealer Act, R.S.B.C. 1996, c. 316

Business Practices and Consumer Act, S.B.C., 2004, c. 2

Salesperson Licensing Regulation, B.C. Reg. 202/2017

CASES CITED

  • Chandler v. Alberta Association of Architects, 1989 CanLII 41 (SCC), [1989] 2 SCR 848 (Supreme Court of Canada)
  • Fryer v. Motor Vehicle Sales Authority of British Columbia, 2015 BCSC 279 (BC Supreme Court)
  • Pacific International et al v. B.C. Securities Commission, 2002 BCCA 421 (B.C. Court of Appeal)
  • Toronto (City) v. C.U.P.E., Local 79, 2003 SCC 63 (CanLII), [2003] 3 SCR 77 (Supreme Court of Canada)