Licence Appeal Tribunal
FILE: 7592/MVDA
CASE NAME: 7592 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
Progressive Auto Sales (Sarina) Inc. and Daniel Whitton Applicants
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
Upon the application to the Tribunal by Progressive Auto Sales (Sarina) Inc. and Daniel Whitton, the Applicants, 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: December 10, 2012
TO: Licence Appeal Tribunal 530 - 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: Progressive Auto Sales (Sarina) Inc. 1374 Exmouth Street Sarnia, Ontario N7S 3X9
AND FROM: Daniel Whitton c/o Progressive Auto Sales (Sarina) Inc. 1374 Exmouth Street Sarnia, Ontario N7S 3X9
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002, (the “Act”), Progressive Auto Sales (Sarina) Inc. (the “Dealer”), Daniel Whitton (“Whitton”), 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:
Compliance
All personnel, agents, assignees, or anyone acting on behalf of the Dealer shall be informed concerning the terms and conditions contained in this document to the extent necessary to ensure compliance with the said terms and conditions.
The Dealer and Whitton shall, at all times, comply with the Act and any regulations made thereunder, including the Standards of Business Practice, 2012, which may be amended from time to time.
The Dealer and Whitton shall comply with those sections of the Highway Traffic Act and regulations made thereunder related to the licensing and operation of a Motor Vehicle Inspection Station at all times while the Dealer is so licensed.
Whitton acknowledges that he is responsible, on behalf of the Dealer, for ensuring compliance with the Act, the Highway Traffic Act, and any regulations made thereunder, and with the terms and conditions set out herein.
Disclosure to the Registrar
The Dealer agrees that if it is charged with a criminal, or industry-specific offence under any law, notification of this, including all particulars, will be provided to the Registrar within five (5) business days.
The Dealer further agrees that if it is, or becomes, a party to a proceeding which may result in the suspension, revocation or cancellation of a commercial, professional or business registration, certification or license of any kind, notification of this, including all particulars, will be provided to the Registrar within five (5) business days.
Whitton agrees that if he is charged with a criminal, or industry-specific offence under any law, notification of this, including all particulars, will be provided to the Registrar within five (5) business days.
Whitton further agrees that if he is, or becomes, a party to a proceeding which may result in the suspension, revocation or cancellation of a commercial, professional or business registration, certification or license of any kind, notification of this, including all particulars, will be provided to the Registrar within five (5) business days.
The Dealer and Whitton further agree that if the Dealer and/or Whitton become aware that any of the Dealer’s personnel, agents, assignees, or anyone acting on the Dealer’s behalf, is charged with a criminal, or industry-specific offence under any law, notification of this, including all particulars, will be made to the Registrar within five (5) business days.
Education
- Whitton agrees to enroll in, and successfully complete, the one-day on-site OMVIC Automotive Certification Course offered by Georgian College. Whitton agrees to be solely responsible for all fees and other costs related to the successful completion of the course. Whitton further acknowledges that he will be required to successfully complete the course within 90-days of the release of this Order.
Books and Records
- The Dealer shall maintain books and records, which accurately record the nature of transactions involving the purchase, sale or lease of a motor vehicle. Neither the Dealer nor Whitton will be involved in the creation of books and records, which are misleading as to the nature of a transaction involving the purchase, sale or lease of a motor vehicle
General
The Dealer and Whitton understand that the Registrar is relying on the accuracy and completeness of all documents, statements or information provided by them in support of their continued registration under the Act. The Dealer and Whitton confirm that all documents, information or statements provided to the Registrar are true to the best of their knowledge and belief and that full answers have been given to all questions and requests made by the Registrar in connection with their continued registrations.
The Dealer and Whitton acknowledge that the Registrar may take further administrative action in the form of a proposal to revoke their registrations, arising from any matters that have occurred or may occur related to honesty, integrity, financial position and/or compliance with these terms and conditions.
The Dealer and Whitton acknowledge that they have obtained, or have had the opportunity to obtain, independent legal advice with respect to their consent to the terms and conditions set out herein.
Whitton acknowledges that he has the authority to bind the Dealer with respect to the terms and conditions set out herein.
Whitton acknowledges that he has taken the time to carefully review these terms and conditions, and by signing, acknowledges that he understands their significance and agrees to abide by them.
The Dealer and Whitton hereby consent to an Order of the Licence Appeal Tribunal, which shall include the terms and conditions set out herein.
The Dealer and Whitton acknowledge and understand that the Order of the Licence Appeal Tribunal containing the terms and conditions set out herein shall expire two years from the date of its release by the Tribunal.
Signed in the City of this day of 2012.
Daniel A. Whitton (signature)
I have the authority to bind the corporation.
- and -
Daniel A. Whitton (signature)
for Progressive Auto Sales (Sarina) Inc.
I have the authority to bind the corporation.
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Carl Compton