The defendant was charged with 22 counts of acting as a motor vehicle salesperson without being registered under the Motor Vehicle Dealers Act, contrary to s. 3(1)(b).
The charges related to his employment at Jack McGee Chevrolet-Cadillac Limited from June 24, 2009 to November 14, 2009, during which time his sales license was suspended pursuant to a Consent Order.
The Crown proved the actus reus of the offence through testimony from dealership employees and customers establishing that the defendant engaged in various sales activities including showing vehicles, arranging financing, and negotiating extended warranties.
The defendant's due diligence defence failed as he did not take reasonable steps to verify his understanding of licensing requirements despite his extensive experience in the motor vehicle industry and prior notice from OMVIC that he was not to participate in motor vehicle transactions.
The officially induced error of law defence also failed as the defendant did not consult with appropriate officials or receive permission to sell vehicles.
Convictions were registered on all 22 counts.
