FILE NUMBER:

HEARING DATE: February 16, 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: ANWAR BADSHAH (Salesperson #111523)

ISSUE:

• A hearing was held to review a salesperson’s licence.
• During the hearing, the salesperson’s lawyer asked the Registrar to disqualify himself from hearing the matter.
• The lawyer argued the Registrar lacked judicial independence and acted as the prosecutor and not a decision-maker by questioning a legal argument advanced by the salesperson.

OUTCOME:

• There was no evidence of outside influences affecting the Registrar’s ability to make independent decisions.
• The legislative scheme allows and even requires the Registrar to make inquiries about the law and the facts during a review of a person’s licence.
• The Registrar did not disqualify himself from hearing the case.

COMPLETE DECISION: File 09-111523 Hearing Decision File Badshah February 16, 2010

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