Registrar’s Decision

18-03-008

File Number: 18-03-008

In the matter of Motor Dealer Act R.S.B.C. 1996 C.316
and Salesperson Licensing Regulation B.C. Reg. 241/2004

Complainant: Vehicle Sales Authority of BC

Licensee/Unlicensed person:

Brillyan Auto Inc. (#10574)

Issues:

• Brillyan’s motor dealer registration came up for renewal.
• There was a dispute over who owned Brillyan.
• Despite meeting with those claiming to own Brillyan, Authority staff were unable to establish, who owned the dealership.
• The Authority staff proposed to refuse to renew Brillyan’s dealership registration and called a hearing before the Registrar.

Outcome:

• The oral evidence and documents reviewed showed a dispute as to the ownership of Brillyan.
• The Registrar had no jurisdiction to settle a dispute about the ownership of the dealer.
• The Registrar could not regulate a dealer, if the ownership of the dealer was in dispute.
• The Registrar could not renew the registration of a dealer, which he could not regulate.
• The Registrar refused to renew the dealer’s registration, until the ownership of the dealership was determined by a court or by agreement.


Click here for the full decision (PDF)