Licence Appeal Tribunal
Appeal d'appel en Tribunal matière de permis
FILE: 7524/MVDA
CASE NAME: 7524 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 July 9, 2012 to Revoke and Suspend Registration
Keith Flinn Applicants
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by Keith Flinn, 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: November 6, 2012
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: Keith S. Flinn 612 Brenda Drive Greater Sudbury, ON P3E 5S7
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002, Keith S. Flinn (“Flinn”) 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:
Flinn agrees that his registration as a salesperson shall be suspended for a period of 60 days, commencing on the date this Order is released by the Tribunal.
Flinn will comply with OMVIC's Code of Ethics and Standards of Business Practice, 2010 as may be amended from time to time.
Flinn 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.
Flinn 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.
Flinn agrees that, if he is charged with a criminal offence in the future, he will forthwith notify the Registrar of the charges against him in writing.
Flinn acknowledges that the Registrar may take further administrative action in the form of a proposal to revoke his registration arising from any matters that have occurred or may occur related to honesty, integrity, financial position and/or compliance with the terms and conditions set out in this Order.
Flinn 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.
Keith S. Flinn’s Initials: _____
Flinn hereby consents to an Order of the Licence Appeal Tribunal, which may include the terms and conditions set out herein.
Flinn hereby acknowledges that he has obtained or has had the opportunity to obtain independent legal advice with respect to his consent to the terms and conditions set out in this document.
Signed in the City of this day of 2012.
Keith S. Flinn (signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Carl Compton