Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2012-06-28
FILE:
7280/MVDA
CASE NAME:
7280 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 March 7, 2012 to Refuse Registration
Hasan Khanjari Degholi o/a H.K. Auto Sales
Applicant
-and-
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by Hasan Khanjari Degholi o/a H.K. Auto Sales, 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
D. Gregory Flude – Chair
RELEASED: June 28, 2012
SCHEDULE "A"
TO: Licence Appeal Tribunal
20 Dundas Street West, 5th Floor
Toronto, ON M5G 2C2
FROM: The Registrar
Motor Vehicle Dealers Act, 2002
Ontario Motor Vehicle Industry Council
789 Don Mills Road, Suite 800
Toronto, Ontario M3C 1T5
AND FROM: Hasan Khanjari-Degholi
o/a H.K. Auto Sales
2793 Danforth Avenue
Toronto, ON M4C 1L9
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 Hasan Khanjari-Degholi o/a H.K. Auto Sales (“the Dealer”) 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 Dealer agrees that he shall only be registered as a dealer within the “Wholesaler” class of registration as defined by Ontario Regulation 333/08.
The Dealer further acknowledges that while registered as a “Wholesaler” he is restricted to trading in motor vehicles with other registered motor vehicle dealers in accordance with [section