FILE NUMBER: 10-017/10-018

HEARING DATE: May 25, 2010

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

COMPLAINANT: REGISTRAR

MOTOR DEALER and/or SALESPERSON: MAFCAN MOTORS LTD. (Dealer #31030 assigned for reference) AND ALLA UDDIN CHEEMA (Salesperson #113171)

ISSUE:

• Mafcan applied to be registered as a motor dealer with Mr. Cheema as sole owner and salesperson.
• Mr. Cheema’s salesperson licence was also being reviewed.
• The Authority was concerned about Mafcan’s business plan and its relationship with Mr. Cheema who had alleged involvement with curbers amongst other things.

OUTCOME:

• Mr. Cheema was found to have assisted curbers while licensed and bridging motor vehicle sales while licensed as a salesperson.
• Mafcan was not forthcoming with information and did not take the business plan process seriously. Mr. Cheema’s conduct reflected on how Mafcan would operate: section 5 of the Motor Dealer Act and Prestige Toys Ltd. v. Ontario (Registrar, Motor Vehicle Dealers Act) 2009 Carswell Ont 4743 (Ont. Superior Court of Justice (Divisional Court)).
• Mafcan’s business plan included buying USA salvage vehicles, having them rebuilt and then sold to consumers. Mafcan’s proposed repair facilities were not satisfactory to the Registrar: section 3(1)(a)(iv) of the Motor Dealer Act.
• Mafcan’s application for registration was refused: section 5 of the Motor Dealer Act.
• Mr. Cheema’s salesperson licence was cancelled due to his past noted conduct: section 6 of the Salesperson Licensing Regulation.
• Mr. Cheema may not reapply for a salesperson licence for three years: Pugliese v. B.C. (Registrar of Mortgage Brokers) 2008 BCCA 130 (B.C. Court of Appeal).
• Mr. Cheema may not apply for registration as a motor dealer until he has an additional 2 years experience as a licensed salesperson in good standing: Pugliese.
• The expiry of these waiting times does not guarantee issuance of a licence or registration. That will depend on the facts that exist at the time the applications are made.

COMPLETE DECISION: File 10-017/10-018 Hearing Decision File Mafcan Motors Ltd. & Cheema July 2, 2010

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