COURT FILE NO.: 363/08
DATE: 20090331
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
SWINTON, LOW AND KARAKATSANIS JJ.
B E T W E E N:
MICHAEL GERARD GOSELIN
Appellant
(Applicant)
- and -
REGISTRAR, MOTOR VEHICLE DEALERS ACT
Respondent
(Respondent in Appeal)
Miles D. O’Reilly, Q.C., for the Appellant
Richard Steinecke, for the Respondent
HEARD at Toronto: March 31, 2009
KARAKATSANIS J.: (Orally)
[1] The appellant appeals from the decision of the Licence Appeal Tribunal, dated June 20, 2008 directing the Registrar under the Motor Vehicle Dealers Act, R.S.O. 1990, c.M42 to carry out his proposal to refuse the registration of the appellant.
[2] The standard of review with respect to a decision of the Tribunal is reasonableness.
[3] After a lengthy career in the financial industry, the appellant and others were investigated by the Ontario Securities Commission in connection with the sale of units in limited partnerships. In 2002, on the basis of an Agreed Statement of Facts, the OSC banned the appellant from trading in securities for twenty years as a result of, among other things, illegally selling securities, failing to deal fairly and in the best interest of his client and making false and misleading statements to clients, many of whom lost large sums of money. On May 18, 2007, the appellant applied for registration as a motor vehicle salesperson.
[4] The Registrar proposed to refuse the application because of s.5(1)(b) of the Act on the grounds that the past conduct of the appellant afforded reasonable grounds for belief that the appellant would not carry on business in accordance with law, honesty and with integrity.
[5] The Tribunal considered the Agreed Statement of Facts before the OSC, the testimony and explanation of the appellant, as well as the character evidence of other witnesses. It was not in error in relying upon the Agreed Statement of Facts as an admission of the appellant. It made findings “A” through “G” of grave violations of the Securities Act on pages 8 to 9 of the Decision and found that the appellant had engaged in misrepresentation to clients.
[6] While the appellant testified that he was sorry, the Tribunal was entitled to base its findings on the whole of the evidence and the Tribunal found that the appellant evaded responsibility for his past actions.
[7] The Tribunal was not persuaded that his past conduct would not be repeated for future customers. It was entitled to weigh evidence of his past conduct, his present attitude as found, and the character witnesses and the decision was not unreasonable on the evidence before it.
[8] The appeal is therefore dismissed.
SWINTON J.
[9] This appeal is dismissed for oral reasons given today by Karakatsanis J. Costs to the respondent fixed at $5,000.00, all inclusive.
KARAKATSANIS J.
SWINTON J.
LOW J.
Date of Reasons for Judgment: March 31, 2009
Date of Release: April 6, 2009
COURT FILE NO.: 363/08
DATE: 20090331
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
SWINTON, LOW AND KARAKATSANIS JJ.
B E T W E E N:
MICHAEL GERARD GOSELIN
Appellant
(Applicant)
- and -
REGISTRAR, MOTOR VEHICLE DEALERS ACT
Respondent
ORAL REASONS FOR JUDGMENT
KARAKATSANIS J.
Date of Reasons for Judgment: March 31, 2009
Date of Release: April 6, 2009