Registrar's Decision

16-10-001

File Number: 16-10-001

In the matter of THE MOTOR DEALER ACT R.S.B.C. 1996 C.316

Complainant: Vehicle Sales Authority

Licensee/Unlicensed person:

Carmel Custom Contracting Ltd. dba Marlin Motors (Dealer #30638) and Carmel Custom Contracting Ltd. dba Mill Bay Motors (Dealer #40282)

Issues:

• A hearing was called to review the motor dealer licences of Carmel Custom Contracting Ltd. dba Marlin Motors (Dealer #30638) (“Marlin Motors”) and Carmel Custom Contracting Ltd. dba Mill Bay Motors (Dealer #40282) (“Mill Bay”) both owned and operated by Marlin Gait (Salesperson #108953)
• The Authority was concerned that Mill Bay was operating without having fulfilled all licensing requirements and possibly allowing part of Mill Bay’s premise to be used for potentially unlawful activity.
• Mr. Gait provided evidence of attempts to be in compliance with licensing requirements.
• Mr. Motors has ceased operations of Mill Bay at this time until all licensing requirements have been met.
• Mr. Gait had sub-leased part of the Mill Bay business premise and provided evidence that they evicted the tenant conducting the potentially unlawful activity.
• The Authority staff noted Marlin Motors has not had any significant licensing issues in the past, and any consumer complaints are generally addressed quickly with little involvement from the Authority.

Outcome:

• The Registrar reminded Mr. Gait of the legal obligations of running a dealership.
• The Registrar adjourned the hearing sine die (generally) to allow the Authority and Marlin Motors to address the licensing concerns regarding Mill Bay.
• If any similar licensing issues occur in the future the Authority can recall the hearing back before the Registrar.