Licence Appeal Tribunal
FILE: 7188/MVDA
CASE NAME: 7188 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 Refuse Registrations
John Weltz & Rebel Dealer Automotive Service Inc. Applicants
-and-
Registrar, Motor Vehicle Dealers Act 2002 Respondent
ORDER
ADJUDICATOR: Douglas Wallace, Vice Chair
APPEARANCES:
For the Applicants: Roberto Ghignone, Counsel
For the Respondent: Angela La Viola, Counsel
Heard in by teleconference: May 25, June 12 and June 19, 2012
CONSENT ORDER
A pre-hearing was held by teleconference on May 25, June 12 and June 19, 2012 in the presence of counsel for all parties. On the last date of the pre-hearing, counsel advised that a settlement had been reached between the parties and requested that the Tribunal issuance a Consent Order without a hearing pursuant to section 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S 22.
The Tribunal has reviewed the written settlement signed by the Applicants and the Registrar under the Motor Vehicle Dealers Act, 2002, which is filed and attached hereto as Schedule "A".
NOW THEREFORE, upon consent of the parties, this Tribunal orders that the application by Rebel Dealer Automotive Services Inc. for registration as a dealer be and the same is hereby withdrawn.
It is further ordered that the application by John Anthony Weltz for registration as a salesperson be granted under the Terms and Conditions set out in Schedule "A".
It is further ordered that the proceedings in this matter are concluded and disposed of without a hearing.
LICENCE APPEAL TRIBUNAL
_________________________
Douglas R. Wallace, Vice-Chair
RELEASED: June 25, 2012
SCHEDULE "A"
TO: Licence Appeal Tribunal 20 Dundas Street West 5th Floor Toronto, ON M5G 2C2
FROM: The Registrar Motor Vehicle Dealer Act, 2002 Ontario Motor Vehicle Industry Council 789 Don Mills Road, Suite 800 Toronto, Ontario M3C 1T5
AND FROM: REBEL DEALER AUTOMOTIVE SERVICES INC. c/o 4194 Owl Valley Drive Gloucester, ON K1V 1L9
AND FROM: John Anthony Weltz 4194 Owl Valley Drive Gloucester, ON K1V 1L9
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 ("the Act") Rebel Dealer Automotive Services Inc., John Anthony Weltz ("the Applicant") 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 ("the Tribunal").
The Applicant hereby agrees on behalf of Rebel Dealer Automotive Services Inc. to resolve the Proposal to Refuse registration by withdrawing the application for registration for Rebel Dealer Automotive Services Inc.
The Applicant and the Registrar hereby consent to the following Terms and Conditions of registration as a salesperson:
The Applicant acknowledges and undertakes not be an officer, director, owner, partner or have direct or indirect control of a dealership and such condition as set out herein will be in force and effect for a period of one registration cycle as prescribed by the Regulations, that being the period commencing June 12, 2012 through to and including June 11, 2014.
The Applicant acknowledges and undertakes