Jose Alvarez-De-Lugo

The Ontario Motor Vehicle Industry Council (OMVIC) appealed the acquittal of the respondent, who was charged with acting as an unregistered motor vehicle dealer contrary to s. 4(1)(a) of the Motor Vehicle Dealers Act.

The respondent had sold ten vehicles to a dealership within a short period but claimed the vehicles were for his personal use, invoking the statutory exception under s. 5.

The trial justice accepted this explanation, noting the respondent was a car enthusiast with the financial means to frequently change luxury vehicles during a period of pandemic-related inventory shortages.

On appeal, OMVIC argued the trial justice failed to consider the pattern of sales and made unreasonable factual findings.

The appeal court dismissed the appeal, finding no palpable and overriding error in the trial justice's assessment of the evidence.

The court also declined to award costs to the respondent, finding no exceptional circumstances to depart from the general rule in Provincial Offences Act appeals.

The appellant appealed a Notice of Proposal to refuse its registration as a motor vehicle dealer.

The Registrar argued that the sole director's past failure to pay a disciplinary fine, subsequent bankruptcy, and current financial position demonstrated financial irresponsibility.

The Tribunal found that while there were no reasonable grounds to believe the business would not be carried on with integrity and honesty, the director's financial history and lack of insight established that the appellant could not reasonably be expected to be financially responsible.

The Tribunal directed the Registrar to carry out the proposal to refuse registration.