Licence Tribunal
Appeal d'appel en Tribunal matière de permis
DATE: 2012-04-26
FILE: 7011/MVDA
CASE NAME: 7011 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 – dated September 29, 2011 to Revoke Registration
Wayne Baijnauth Applicant
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by Wayne Baijnauth (the “Applicant”) and the Registrar, under the Motor Vehicle Dealers Act, 2002, for issuance of a Consent Order of the Tribunal without a hearing pursuant to section 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22; and,
Having reviewed the written settlement signed by the Applicant and the Registrar, Motor Vehicle Dealers Act, 2002, as to the disposition of these proceedings which is filed and attached hereto as Schedule “A”;
NOW THEREFORE, upon consent of the parties, 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
David Gregory Flude, Chair
RELEASED: April 26, 2012
SCHEDULE "A"
TO: Licence Appeal Tribunal 20 Dundas Street West, 5th Floor Toronto, Ontario M5G 2C2
FROM: Registrar, Motor Vehicle Dealer Act, 2002 Ontario Motor Vehicle Industry Council 789 Don Mills Road, Suite 800 Toronto, Ontario M3C 1T5
AND FROM: Wayne Darshanand Baijnauth c/o Fieldgate Motors Inc. 2092 Upper Middle Road East Oakville, Ontario L6H 7G5
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “Act”), WAYNE DARSHANAND BAIJNAUTH (the “Salesperson”) and the Registrar, Motor Vehicle Dealers Act, 2002, (the “Registrar”), in accordance with section 4.1 of the Statutory Powers Procedure Act, do hereby waive the requirements of a hearing and consent to an Order of the Licence Appeal Tribunal based upon the following terms and conditions:
The Salesperson agrees not to be a partner, shareholder, officer, director or controlling mind of a dealer, which includes, but is not limited to acting as the “Person-In-Charge” of a dealership.
The Salesperson acknowledges and understands that the prohibitions referenced in paragraph 1 do not prohibit acting as a manager or final signatory on behalf of a dealership.
The Salesperson agrees not to apply to be a motor vehicle dealer.
The Salesperson understands that the Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Salesperson in support of the Salesperson’s continued registration.
The Salesperson confirms that all documents, information or statements provided to the Registrar are true to the best of the Salesperson's knowledge and belief and that the Salesperson has given full and accurate answers to all questions and requests made by the Registrar. By initialling, the Salesperson confirms the correctness of his representations to the Registrar.
Salesperson’s Initials: _____
The Salesperson acknowledges that the Registrar may take further administrative action, including a proposal to revoke his registration, arising from any matters that have occurred or may occur related to honesty and integrity or financial position, aside from matters already included in the Proposal to Revoke registration dated September 29, 2011. In particular, the Salesperson acknowledges that a breach of any of the terms and conditions of his registration may result in the Registrar issuing a Proposal to Revoke his registration.
The Salesperson acknowledges that he has taken the time to carefully review these terms and conditions, and, by signing and initialling, acknowledges that he understands their significance and agrees to abide by them.
Salesperson’s Initials: _____
The Salesperson will provide a copy of this Order to his employer forthwith.
The Salesperson hereby consents to an Order of the Licence Appeal Tribunal, which may include the terms and conditions set out herein.
The Salesperson acknowledges and understands that these terms and conditions will expire 2-years from the date of the Tribunal’s Order.
The Salesperson acknowledges that he has obtained or has had the opportunity to obtain independent legal advice with respect to his informed consent to the terms and conditions set out herein.
Signed in the City of this day of , 2012.
Wayne Baijnauth (Signature) Wayne Baijnauth (Print)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Carl Compton Registrar
Date: , 2012.