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Thomas Van Vu (Proposed Salesperson Licence #204585)
Issues:• A Hearing was called to review the salesperson licence application of Thomas Van Vu who was convicted of theft under and assault on September 8, 2015, and as a result was sentenced 60 days incarceration and one year probation with conditions until September, 2016.
Outcome:• The Registrar considered whether Mr. Vu’s conduct indicated that there had been rehabilitation, remorse, acceptance of past conduct, restitution and/or positive steps taken to address any aggravating factors and applied Re: Peter Fryer (Registrar of Motor Dealers, Hearing File 13-11-005, December 13, 2013), affirmed by Fryer v. Motor Vehicle Sales Authority of B.C. 2015 BCSC 279 (BC Supreme Court).
• The Registrar was satisfied that, unlike Peter Fryer, Mr. Vu showed remorse and acceptance of past conduct and was working on rehabilitation and improvement.
• The Registrar had two concerns:
1) Mr. Vu had not been offered any employment; and
2) Mr. Vu had not yet finished the conditions of his probation order which would rebuild trust in him.
• The Registrar chose to grant Mr. Vu a conditional salesperson licence after receipt of an offer of employment by a dealership and that the following conditions be added to his licence. Mr. Vu is:
(a) To advise any prospective employer of these conditions;
(b) To not handle consumer money;
(c) To not be in a management position without prior approval of the VSA;
(d) To abide by the probation order;
(e) To advise the VSA of any breaches of probation order or any other court proceedings criminal or civil;
(f) To advise the VSA when all conditions of probation order have been fulfilled with supporting documents;
(g) To fulfill all requirements for licensing; and
(h) To abide by all laws and rules applicable to a salesperson within the motor dealer industry.
• The conditions would be reviewed after September 9, 2016, when Mr. Vu’s probation order ends.
