FILE NUMBERS:

HEARING DATES: October 3, 2007 and March 19 and July 3, 2008

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: KENNETH EVANS (Salesperson #100067)

ISSUE:

• On October 3, 2007, Salesperson was called to a hearing before the Registrar of Motor Dealers for infractions under the Motor Dealer Act and the BPCPA for the alleged selling of motor vehicles as an unregistered consignment seller, non payment of sales proceeds to consumers, selling in other than registered name, contrary to Sections 3 & 11 of the MDA and Section 4 of the BPCPA.
• Continuation of hearing was held March 19, 2008. This hearing is in combination with W.K.R.P. Auto Sales (DL #28908) and Penticton Auto Auction (DL #30666).
• Continuation of hearing was held on July 3, 2008.

OUTCOME:

• The Registrar's decision at the October 3, 2007 hearing was to suspend the Salesperson Licence of Mr. Evans; and before the salesperson can be hired by another motor vehicle dealership, both salesperson and hiring dealership manager or representative must be brought before the Registrar. A new hearing date was to be decided.
• The Registrar’s decision at the March 19, 2008 hearing was that before Mr. Evans can be hired by another dealership, manager or representative of dealership must appear before the Registrar for consideration of lifting suspension.
• The Registrar’s decision at the July 3, 2008 hearing was to have the Salesperson Licence re-instated with conditions that include the retaking of the Salesperson Licensing Course within three months; and that the salesperson work for OK Car Sales only; and that the salesperson notifies VSA immediately if employment changes at which time the licence will be reviewed.

COMPLETE DECISION: Noted above

Top