Motor vehicle dealer's registration preserved despite fraud convictions due to significant mitigating factors and consumer restitution.
The Registrar proposed to revoke the registration of a motor vehicle dealer and its salesperson following the dealer's guilty pleas to two counts of fraud over $5,000 related to improperly changing Vehicle Identification Numbers (VINs) on rebuilt vehicles.
The Tribunal found that while the convictions were serious and industry-related, significant mitigating factors existed.
The dealer cooperated with police, took educational courses, retained an expert to ensure future compliance, and spent $66,000 to repurchase the affected vehicles, ensuring no consumer suffered financial loss.
The Tribunal concluded the past conduct did not afford reasonable grounds to believe the dealer would not carry on business with honesty and integrity, and directed the Registrar not to carry out the proposal.
OLATOntario Licence Appeal TribunalMar 24, 2011
