Justin Jakubiak

The appellants appealed a Notice of Proposal by the Registrar to revoke their registrations as a motor vehicle salesperson and motor vehicle dealerships.

The Registrar alleged that the appellants failed to disclose previous accident damage to consumers, falsified bills of sale, failed to return deposits, and provided false statements on registration renewal applications.

The Licence Appeal Tribunal found that the appellants engaged in a pattern of deception intended to avoid disclosure obligations, which afforded reasonable grounds for belief that they would not carry on business with integrity and honesty.

The Tribunal directed the Registrar to carry out the proposal to revoke the registrations.

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

The Registrar alleged the appellant's past conduct, including attempting a sham transaction to refinance his aunt's vehicle and trading without registration, afforded reasonable grounds to believe he would not carry on business with integrity and honesty.

The Tribunal found that while the appellant breached the Act, he genuinely, if mistakenly, believed his actions were permissible.

Given his 22-year unblemished record and remorse, the Tribunal ordered the Registrar not to carry out the proposal and directed that the appellant be registered subject to conditions, including completing an OMVIC course and restrictions on signing sales contracts.

The appellant appealed the Registrar's proposal to refuse his application for a cannabis retail operator licence.

The Registrar refused the application on the grounds that the appellant failed to disclose his full criminal history, including multiple impaired driving convictions, on his application and during subsequent interviews.

The Licence Appeal Tribunal confirmed the Registrar's proposal, finding that the appellant knowingly made false statements and that his conduct provided reasonable grounds to believe he would not carry on business in accordance with the law, honesty, or integrity.

The Tribunal also found that conditions were not appropriate to facilitate registration.

The appellants appealed a Notice of Proposal by the Director of Vehicle Inspection Standards to revoke their motor vehicle inspection station licence and mechanic registration.

The Director cited a history of 26 convictions since 2007 for issuing safety standard certificates for non-compliant vehicles, making false statements, and failing to keep proper records.

The appellants argued their record was de minimis given the volume of inspections and proposed conditions to mitigate concerns.

The Tribunal found the appellants repeatedly failed to comply with safety standards and that conditions were inappropriate given the ongoing nature of the violations.

The Tribunal directed the Director to carry out the proposal to revoke the licence and registration.

The appellants requested an adjournment of their hearing before the Licence Appeal Tribunal after their counsel withdrew approximately 48 hours before the scheduled start date.

The respondent opposed the adjournment, citing the time already invested in preparation and the potential frustration of witnesses.

The Tribunal granted the adjournment, finding that the prejudice to the appellants of proceeding unrepresented in a complex matter outweighed the prejudice to the respondent.

The Tribunal noted the appellants' mental health issues and the minimal risk to the public given an existing immediate suspension order.

The adjournment was marked peremptory.

The appellants appealed a Notice of Proposal by the Registrar to refuse their registrations as a motor vehicle dealer and salesperson.

The parties reached a settlement and applied to have the matter disposed of on consent without a hearing under section 4.1 of the Statutory Powers Procedure Act.

The Tribunal ordered that the matter be concluded without a hearing on the agreed terms, which included conditions that the appellants comply with all applicable laws and that specific family members have no involvement in the operation of the dealership without prior approval.

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

His previous application was refused in 2013 after the Tribunal found he had committed theft against a former employer and made false statements on his application.

The Tribunal found that the Appellant's five years of incident-free employment at dealerships handling cash and expensive inventory constituted a material change in circumstances, allowing him to reapply under section 12 of the Motor Vehicle Dealers Act 2002.

The Tribunal further found that his past conduct no longer afforded reasonable grounds for belief that he would not carry on business with honesty and integrity, and ordered the Registrar to register him subject to conditions.

The Registrar of the Motor Vehicle Dealers Act proposed to refuse the appellant's registration as a salesperson, alleging her past conduct lacked honesty and integrity due to a missing $7,000 cash payment and subsequent withdrawn criminal charges.

The Registrar also alleged the appellant provided false information on her applications regarding the pending charges and a consumer proposal.

The Licence Appeal Tribunal found the appellant's handling of the missing funds was careless but did not demonstrate a lack of integrity.

The Tribunal also found the application errors were honest mistakes, not deliberate concealments.

The Tribunal directed the Registrar to register the appellant subject to a condition requiring disclosure of any future charges.

The appellant appealed a Notice of Proposal by the Registrar to refuse 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 a consent order incorporating the settlement terms, which included the appellant agreeing not to apply to be a dealer for two years, working only for a franchise dealer, and not holding any management or control positions in a dealership for two years.

The appellant appealed a Notice of Proposal by the Registrar to refuse 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 terms and conditions on the appellant's registration for a period of three years, including requirements to comply with the Act, notify the Registrar of changes, and not act as a controlling mind of a dealer without consent.