ONSC 4044
DIVISIONAL COURT FILE NO.: 233/17 DATE: 20180626
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
MORAWETZ R.S.J., WHITTEN and GRAY JJ.
BETWEEN:
MIRRAMIN KAMALI-MAFROUJAKI o/a TOP QUALITY AUTO SALES
Symon Zucker, for the Appellants
Appellants
– and –
REGISTRAR MOTOR VEHICLE DEALERS ACT, 2002
Michael Rusek, for the Respondent
Respondent
HEARD at Toronto: June 26, 2018
ORAL REASONS FOR JUDGMENT
WHITTEN J. (Orally)
[1] The adjudicator had the outcome options of: (1) directing the Registrar to carry out the proposal to revoke registration, or (2) the imposition of conditions attached to the registration. It was clear that the Vice-Chair considered the less onerous of the options.
[2] Notwithstanding the absence of other complaints with respect to sexual misconduct, it was reasonable that the Tribunal in considering the dishonest reporting on two occasions of the pending charges would embrace the option of directing the Registrar to carry out the proposal. How else can the Registrar monitor the industry if it cannot rely or expect honest reporting? It was entirely reasonable for the Tribunal to choose that option.
MORAWETZ R.S.J.
[3] I have endorsed the Appeal Book and Compendium as follows: “For oral reasons delivered today, the appeal is dismissed. The Registrar does not seek costs and accordingly no costs are awarded.”
WHITTEN J.
I agree
MORAWETZ R.S.J.
I agree
GRAY J.
Date of Reasons for Judgment: June 26, 2018
Date of Release: June 28, 2018
ONSC 4044
DIVISIONAL COURT FILE NO.: 233/17 DATE: 20180626
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MORAWETZ R.S.J., WHITTEN and GRAY JJ.
BETWEEN:
MIRRAMIN KAMALI-MAFROUJAKI o/a TOP QUALITY AUTO SALES
Appellants
– and –
REGISTRAR MOTOR VEHICLE DEALERS ACT, 2002
Respondent
ORAL REASONS FOR JUDGMENT
WHITTEN J.
Date of Reasons for Judgment: June 26, 2018
Date of Release: June 28, 2018