- File Number: 19-07-001
- In the matter of Motor Dealer Act R.S.B.C. 1996 C.316
- and Salesperson Licensing Regulation B.C. Reg. 202/2017
- Complainant: Vehicle Sales Authority of BC
- Licensee/Unlicensed person:
Hassan Mahfouz (#210569)
Mr. Mahfouz applied for a salesperson licence.
Mr. Mahfouz has a criminal record of concern.
Mr. Mahfouz has regulatory action on his file taken by the Alberta Motor Vehicle Industry Council.
Mr. Mahfouz requested by e-mail that he receive the official Notice of Hearing by mail and provided a physical street address.
The Authority served Mr. Mahfouz the Notice of Hearing by e-mail.
Mr. Mahfouz did not respond to the e-mail confirming the receipt of the Notice of Hearing.
A fundamental principle of natural justice is to give notice to a person who may be affected by a decision.
Section 30 of the Motor Deal Act details the various ways in which hearing notices may be served.
Mr. Mahfouz was not served the Notice of Hearing in the manner required by the Motor Dealer Act and in consideration of procedural fairness.
Mr. Mahfouz specifically provided a mailing address where the Notice of Hearing and support documents were to be forwarded.
The Authority should have fulfilled the service requirements of section 30(b)(ii) of the Motor Dealer Act.
The Registrar declined to render a decision until Mr. Mahfouz has been given notice in accordance with section 30(b)(ii) of the Motor Dealer Act.