Registrar's Decision

Compliance > Registrar’s Decisions > Registrar’s Decisions 17-07-001

Registrar's Decisions 17-07-001

File Number: 17-07-001

In the matter of The Motor Dealer Act R.S.B.C. 1996 C.316
and Salesperson Licensing Regulation B.C. Reg. 241/2004

Complainant: Vehicle Sales Authority of BC

Licensee/Unlicensed person:

Joseph Marchant (#204295)

Issues:

A Hearing was called to review the salesperson licence of Joseph Marchant.
Mr. Marchant has been charged with fraud, identity theft and two other related charges.
Evidence was also presented that Mr. Marchant failed to make correct declarations on his Application for Registration as a Licensed Salesperson and on his subsequent renewal application. It was discovered that Mr. Marchant has other pending charges from 2015, unrelated to the fraud and identify theft charges.
The VSA conducted an investigation and provided Mr. Marchant an opportunity to attend the hearing to reply to the allegations.
Mr. Marchant did not attend the hearing but advised by way of email that he is fighting the criminal charges against him and until then, he is innocent until proven guilty and so he would not be attending the hearing.
Mr. Marchant is not currently employed as a salesperson at a dealership.

Outcome:

The Registrar reviewed the evidence presented from the Authority and found that the potential harm to consumers, if Mr. Marchant were to interact with the public at a dealership, is significant.
The Registrar balanced the presumption of innocence of Mr. Marchant with the potential harm to consumers, should the criminal charges be proven.
The Registrar ordered the suspension of Mr. Marchant’s licence pending the outcome of the criminal investigation and charges.
If Mr. Marchant wanted to reapply for a salesperson licence after the criminal matters are concluded, the VSA will call a hearing to review such a request.
The hearing was adjourned and would be reconvened at the completion of the investigations and outcome of the criminal matter.