- File Number: 18-07-001
- In the matter of Motor Dealer Act R.S.B.C. 1996 C.316
- Complainant: Vehicle Sales Authority of BC
- Motor Dealer/Salesperson:
Pegasus Tech. Ltd. dba Truck Time Auto Sales (#26445); Bahman (“Bob”) Shokohi Manesh; Mehran (“Mike”) Shokohi Manesh; Ahmad (“Alex”) Rezaei
The Authority requested a review the dealer registration of Pegasus Tech. Trucking Ltd. dba Truck Time Auto Sales (“Truck Time”) after Truck Time provided notice of a change in its ownership, as required by section 12 of the Motor Dealer Act, R.S.B.C. 1996, c. 316. Truck Time’s notice to the Authority indicated that Bahman Shokohi Manesh (“Bob Shokohi”) appeared to have become a 49% shareholder in Truck Time. The Authority expressed concern that Bob Shokohi was the owner and directing mind of Best Import Auto Ltd., a dealer whose registration the Registrar had cancelled and on whom the Registrar had imposed a ten (10) year ban on reapplication. See Best Import Auto Ltd. et al (November 28, 2017, Hearing File 17-08-002, Registrar), varied but not on these points, Best Import Auto Ltd. v Motor Dealer Council of British Columbia, 2018 BCSC 834 (BC Supreme Court).
Ahmad (“Alex”) Rezaei – on behalf of Truck Time - subsequently attempted to withdraw the notice of change in ownership. The dealer stated he had submitted the change noting it was only a proposal subject to the Authority’s approval. The dealer stated he sent a cover letter with the notice to that effect and spoke with Authority staff that it was a proposal. Mr. Rezaei also offered to disassociate Truck Time from any business relationships with Bob Shokohi and to move its physical premises to a location not associated with Best Import Auto.
Bob Shokohi made no submissions in response to the Authority’s request for a hearing.
Mehran (“Mike”) Shokohi Manesh’s submissions indicated that his observed presence on Truck Time’s premises of arose from his relationship as land-lord and not for any operational capacity on behalf of Truck Time.
Registrar found the dealer had a legitimate expectation that his notice of change was only a proposal and he could withdraw the proposal if the Authority did not approve of the ownership change. The ownership change was not approved by the Registrar.
Conditions on dealer registration:
• Truck Time may not have any business relationship with Bob Shokohi in its operation as a motor dealer; and
• Truck Time has until December 31, 2018 to fulfill its promise to move its dealership from the Burnaby location formerly occupied by Best Import. If additional time is necessary, Truck Time can apply to the Registrar for an extension by way of written submissions detailing why it is delayed. Such an application must be made by December 14, 2018.