Licence Appeal Tribunal
Appeal d'appel en Tribunal matière de permis
FILE: 6475/MVDA
CASE NAME: 6475 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 Registrations
Saad Motors Limited & Mohamad Sobhi Saad Applicants
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
PRE-HEARING ORDER
ADJUDICATOR: Laurie Sanford, Vice-Chair
APPEARANCES:
For the Applicants: Mohamad Sobhi Saad, Agent, representing Saad Motors Limited and on his own behalf
For the Respondent: Elizabeth Maishlish, Counsel
Heard in Toronto: April 18, 19, 24, 2012
ORDER
This pre-hearing arises in the course of an appeal by the Applicants, Saad Motors Limited and Mohamad Sobhi Saad (“Mr. Saad”) to the Licence Appeal Tribunal (the “Tribunal”) from a Notice of Proposal by the Registrar (the “Registrar”) under the Motor Vehicle Dealers Act, 2002 to revoke their registrations. At the outset of the hearing of this matter, on consent of the parties, the hearing was converted to a pre-hearing.
The parties reviewed documentary evidence during the pre-hearing. After lengthy discussions, the parties reached a settlement of the issues between them. The parties wish the terms of this settlement to be incorporated in an order of the Tribunal.
Accordingly and on consent of the parties, the Tribunal orders and stipulates:
Saad Motors Limited has withdrawn its appeal and the Registrar’s Notice of Proposal to revoke the registration of the dealership will have immediate effect.
The registration of Mr Saad will be suspended for a period of 12 months from the release of this order.
Following the 12 month suspension, the registration of Mr Saad will be re-instated provided:
a. Mr Saad provides the Registrar with proof that he has successfully completed the “Automotive Law & Ethics” course approved by the Ontario Motor Vehicle Industry Council and offered by Georgian College,
b. Mr Saad accepts an offer of employment as a salesperson with a franchise automobile dealership that has been approved by the Registrar as an employer of Mr Saad, and
c. Mr Saad has not been convicted of any criminal or regulatory offences from the date of this order.
- Mr Saad agrees, as a condition to the re-instatement of his registration, that:
a. He will not act as a business manager or finance manager;
b. The Registrar must approve of any motor vehicle dealer Mr Saad wishes to work for, and
c. He will not apply for registration as a motor vehicle dealer for a period of ten years following the conclusion of his suspension.
- The Registrar will not refer any matters of which he has current knowledge to the police or the office of the Attorney General.
LICENCE APPEAL TRIBUNAL
Laurie Sanford, Vice-Chair
Released: April 24, 2012