Jane Samler

The applicant appealed a proposal by the Registrar to refuse his registration as a motor vehicle salesperson.

The refusal was based on the applicant's prior criminal conviction related to forged documents for a loan, a consumer proposal, and concerns about his honesty and integrity.

The Tribunal found the applicant's explanation of his past criminal conduct and his testimony at the hearing to lack credibility and candour.

Although the Tribunal did not find his financial history sufficient to refuse registration, it concluded that his past conduct afforded reasonable grounds to believe he would not carry on business with honesty and integrity.

The appeal was dismissed and the Registrar was directed to carry out the proposal to refuse registration.

The Registrar of the Motor Vehicle Dealers Act proposed to revoke the registrations of a motor vehicle dealer and its salesperson due to numerous compliance failures, including operating from an unapproved location, using non-compliant bills of sale, failing to disclose material facts, and poor record-keeping.

The Licence Appeal Tribunal found that while the applicants' conduct was extremely sloppy, it did not demonstrate an intentional disregard for the law or a lack of integrity and honesty.

The Tribunal directed the Registrar not to carry out the proposal, but imposed strict conditions on the applicants' registrations, including mandatory training and the appointment of a monitor.

The applicant appealed a proposal by the Registrar to refuse his registration as a motor vehicle salesperson.

The applicant had previously been refused registration in 2007 after being charged with theft from his former employer, the TTC.

Although the criminal charges were later dismissed for delay, an arbitrator upheld his termination, finding on a balance of probabilities that he had committed theft.

The Tribunal found that the arbitrator's decision was final and could not be collaterally attacked.

Because the applicant continued to deny responsibility and minimize his actions, the Tribunal concluded there was no new evidence or material change in circumstances under s. 12 of the Motor Vehicle Dealers Act, 2002 to justify a reapplication.

The appeal was dismissed and the Registrar was ordered to carry out the proposal to refuse registration.

The applicant appealed a Notice of Proposal by the Registrar to refuse his registration under the Motor Vehicle Dealers Act, 2002.

The parties reached a settlement and requested a consent order without a hearing pursuant to section 4.1 of the Statutory Powers Procedure Act.

The Licence Appeal Tribunal issued the consent order, imposing conditions on the applicant's registration, including obligations regarding disclosure of vehicle history, odometer readings, and restrictions on his role within a dealership for five years.

The applicant appealed a Notice of Proposal by the Registrar to refuse his registration as a motor vehicle salesperson.

The Registrar alleged the applicant made false statements on his application by failing to disclose outstanding criminal charges and a past bankruptcy, and that he had stolen over $6,000 from his former employer, the TTC.

The Tribunal found that the applicant deliberately attempted to mislead the Registrar on his application.

Furthermore, based on video evidence and witness testimony, the Tribunal concluded on a balance of probabilities that the applicant committed the workplace theft.

Finding that the applicant's past conduct afforded reasonable grounds for belief that he would not carry on business with honesty and integrity, the Tribunal directed the Registrar to carry out the proposal to refuse registration.

The Applicant appealed a Notice of Proposal by the Registrar to refuse his registration as a motor vehicle salesperson.

The Registrar alleged the Applicant made false statements on his application and that his past conduct afforded reasonable grounds for belief that he would not carry on business in accordance with the law and with integrity and honesty.

The Tribunal found that the Applicant failed to disclose a past criminal conviction and a suspended driver's licence on his application.

Furthermore, the Applicant had acted as an unregistered salesperson, operated a non-compliant website, and advertised vehicles without disclosing dealer information.

The Tribunal concluded that the Applicant's pattern of non-compliance demonstrated he would not carry on business in accordance with the law, and directed the Registrar to carry out the proposal to refuse registration.