Licence Appeal Tribunal
Appeal en matière de permis
FILE: 6573/MVDA
CASE NAME: 6573 v. Registrar, Motor Vehicle Dealers Act, 2002
An Appeal from a Notice of Proposal by the Registrar, Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch. B - to Revoke Registration
Youssef Abdul-Hussein Applicant
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
PRE-HEARING ORDER
ADJUDICATOR: Jim Kennelly, Member
APPEARANCES:
For the Applicant: Solomon Friedman, Counsel
For the Respondent: Jason Morische, Counsel
Heard by teleconference: December 8, 2011, February 2, 13 and 17, 2012
ORDER
These teleconference pre-hearing discussions followed the previous dates of September 23 and October 24, 2011. The pre-hearings were held before this Tribunal in the presence of Mr. Solomon Friedman, Counsel for Youssef Abdul-Hussein (the “Applicant”) and Mr. Jason Morische, Counsel for the Registrar, Motor Vehicle Dealers Act, 2002 (the “Registrar”).
The discussions were wide ranging and the parties investigated a number of options.
Following the discussion of February 17, 2012, the parties agreed to a settlement statement on this matter. On consent, the parties agreed that the signed settlement document would be submitted to the Tribunal by March 22, 2012 and form part of an order.
Having received and reviewed the written settlement signed by the Applicant and the Registrar on March 26, 2012, as to the disposition of these proceedings which is filed and attached hereto as Schedule “A”, this Tribunal orders that the proceedings in this matter are concluded and disposed of without a hearing on the basis of the terms set out in the said Schedule “A”, which are incorporated into and made part of this Order.
LICENCE APPEAL TRIBUNAL
Jim Kennelly, Member
RELEASED: March 30, 2012
SCHEDULE "A"
LAT File No. 6573/MVDA
IN THE MATTER OF the Motor Vehicle Dealers Act, 2002, S.O. 2002, Chapter 30 and Regulations, as amended
BETWEEN:
YOUSSEF AKIL ABDUL-HUSSEIN Applicant
- and -
REGISTRAR, MOTOR VEHICLE DEALERS ACT, 2002 Respondent
In accordance with Section 4.1 of the Statutory Powers Procedure Act, the parties to the proceeding, Youssef Akil Abdul-Hussein (hereinafter referred to as the “Applicant”) and the Registrar, Motor Vehicle Dealers Act, 2002 (hereinafter referred to as the “Respondent”) waive the requirement of a hearing and hereby consent to an Order of the Licence Appeal Tribunal based on the following terms and conditions:
The Applicant will immediately enrol in the Ontario Motor Vehicle Industry Council's Automotive Certification Course and will be responsible for all fees in relation to enrolment. The Applicant will successfully complete the Certification Course within 60 days of the date of the Consent Order.
The Applicant agrees not to be a partner, shareholder, officer, director or have direct or indirect control of a dealership.
The Applicant agrees not to be the final signatory on any sales or lease contracts on behalf of his employer.
The Applicant agrees he shall not work in a position of authority at a dealership. Positions of authority include but are not limited to, roles such as general or sales manager, finance and insurance manager, business manager, marketing manager or any supervisory positions.
The Applicant agrees not to invite the public to deal at a place other than his employer’s registered premises.
The Applicant agrees that he is under a positive obligation to disclose, in writing on the bill of sale, the true distance travelled of all vehicles he sells or leases to his customers. The Applicant will not directly or indirectly cause the odometer reading on any vehicles, purchased or sold, to be altered in any way.
The Applicant agrees that he is under a positive obligation to disclose, in writing on the bill of sale, all material facts about the vehicles he sells or leases to his customers, whether or not the Applicant agrees with the disclosure and whether or not the vehicle has been branded through the Ministry of Transportation. Material facts include, but are not limited to, disclosure of salvage, previous salvage, accidented and repaired, frame damage, theft recovery, unibody damage, previous taxi cab, previous police car, previous daily rental, insurance write-off and any other material fact which, may affect one's decision to purchase or lease the vehicle. In the case of damaged vehicles, Abdul-Hussein further agrees to disclose as much detail as possible with respect to the nature and severity of the damage.
The Applicant agrees not to transfer his registration as a salesperson under the Act to another Dealer without having first obtained prior written consent of the Registrar.
The Applicant agrees not to be involved in the process of trading in motor vehicles without the benefit of registration.
The Applicant acknowledges that the Registrar may take administrative action, including a proposal to revoke registration arising from any matters that have occurred or that may occur in the future relating to his financial circumstances, honesty and integrity or compliance with these terms and conditions.
The Applicant will comply with OMVIC's Code of Ethics and Standards of Business Practice, as may be amended from time to time.
The Applicant acknowledges that he has obtained or has had the opportunity to obtain independent legal advice with respect to his consent to the terms and conditions set out in this document.
The Applicant agrees to these terms and conditions for the duration of his registration, except for those in paragraphs two (2), three (3) and four (4) which are for a period of two (2) years from the date of the Consent Order.
Signed in the City of ________ in the Province of Ontario, this ___ day of _____, 2012
Youssef Abdul-Hussein
These terms and conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Registrar Date