Licence Appeal Tribunal
Appeal d'appel en matière de permis
FILE: 7448/MVDA
CASE NAME: 7448 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 May 31, 2012 to Revoke and Refuse Registration
Ashraf Abou-Lebadah Applicant(s)
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
Upon the application to the Tribunal by Ashraf Abou-Lebadah, 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
Gary Yee, Chair
RELEASED: September 12, 2012
SCHEDULE "A"
TO: Licence Appeal Tribunal 530 - 20 Dundas Street West Toronto, ON, M5G 2C2
FROM: Registrar, Motor Vehicle Dealer Act, 2002 Ontario Motor Vehicle Industry Council 800-789 Don Mills Road Toronto, Ontario M3C 1T5
AND FROM: Ashraf Abou-Lebadah c/o Justin M. Jakubiak Fogler Rubinoff LLP 95 Wellington Street West, Suite 1200 Toronto, ON M5J 2Z9
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “Act”), Ashraf Abou-Lebadah (“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 based upon the following terms and conditions:
The Applicant agrees to provide full and complete disclosure on all future applications and discussions with the Registrar, regardless of whether or not disclosure has been made previously to the Registrar.
The Applicant confirms that the particulars and circumstances of his convictions are substantially as disclosed to the Registrar and further acknowledges that the Registrar is relying upon the accuracy of the disclosure provided in entering into these Terms and Conditions.
The Applicant agrees to surrender his registration if he is found guilty of a criminal offence or an industry-specific offence.
The Applicant agrees not to apply for registration as a dealer prior to December 31, 2015.
The Applicant agrees not to be a partner, shareholder, officer, director or have direct or indirect control of a dealership prior to December 31, 2015.
The Applicant agrees not to act as a lender or investor directly or indirectly with respect to any dealership prior to December 31, 2015.
The Applicant understands that the Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Applicant in support of the Applicant’s application for registration. The Applicant confirms that all documents, information or statements provided to the Registrar are true to the best of the Applicant's knowledge and belief and that the Applicant has given full answers to all questions and requests made by the Registrar in connection with the Applicant’s application.
The Applicant agrees not to conduct trades in motor vehicles except on behalf of the dealership to whom he is registered.
The Applicant acknowledges and understands that his registration will not be used to trade in motor vehicles where the Applicant knows, or ought to know, the trading of those vehicles will facilitate an illegal or unethical practice.
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 agrees, if he is criminally charged in the future, he will immediately notify his sponsoring dealer, in writing, of the charges against him and provide a copy of said notification signed by his sponsoring dealer to the Registrar.
The Applicant will provide a copy of this Order to his employer forthwith.
If the Applicant applies for transfer of his registration under the Act to another Registrant, a person in charge of the new Registrant must acknowledge in writing that they have received a copy of this Order.
The Applicant hereby consents to an Order of the Licence Appeal Tribunal, which may include the terms and conditions set out herein.
The Applicant 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.
The Applicant acknowledges and understands that these Terms and Conditions will expire two years from the date of this Order, unless otherwise indicated by a specific term or condition.
The Applicant 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.
Ashraf Abou-Lebadah (Signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Carl Compton Registrar
Date: , 2012.