Registrar's Decision

15-11-002

File Number: 15-11-002

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: Vehicle Sales Authority

Licensee/Unlicensed person:

Delta Well (Canada) Ltd. dba New Star Motors (DL #9958) and Arthur Tong (SP #105428)

Issues:

• A hearing was called on November 13, 2015, pursuant to Sections 5 and 6 of the Motor Dealer Act and the Salesperson Licensing Regulation and Sections 4(1) and 4(3)(a)(iii) of the Business Practices and Consumer Protection Act to propose suspending, cancelling or placing conditions on the motor dealer and salesperson licences.
• It was alleged that the Delta Welll (Canada) Ltd. dba New Star Motors and Arthur Tong sold motor vehicles with rolled back odometers.
• Evidence was presented that confirmed several consumers were affected.
• The Registrar suspended the motor dealer licence of Delta Well (Canada) Ltd. dba New Star Motors and suspended the salesperson licence of Arthur Tong until further investigation is completed.
• When the investigation completed a new hearing was called on April 21, 2016, for the Registrar to determine whether it was in the public interest that Delta Well (Canada) Ltd. dba New Star Motors and Arthur Tong continue to be licensed.

Outcome:

• The Registrar found that the act of rolling back odometers in order to falsely increase the market value of a motor vehicle is conduct not deserving of a motor dealer registration or a salesperson licence.
• The evidence presented by Arthur Tong at the hearing was unapologetic and gave no indication or expression of remorse.
• The Registrar ordered:
(a) The motor dealer registration of Delta Well Canada Ltd. dba New Star Motors, dealer registration 9958 cancelled immediately,
(b) The salesperson licence of Arthur Tong, licence 105428, cancelled immediately, and
(c) Delta Well Canada Ltd. dba New Star Motors and Arthur Tong are banned for life from applying to be registered as a motor dealer, or licensed in any capacity under the Motor Dealer Act and its regulations. Arthur Tong may have no affiliation with a motor dealer in B.C.


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