David Jervis o/a Dave’s Car and Truck Sales v. Registrar, Motor Vehicle Dealers Act 2002, 2012 CanLII 80457

Licence Tribunal

Appeal d'appel en Tribunal matière de permis

DATE: 2012-12-18

FILE: 7036/MVDA

CASE NAME: 7036 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 Revoke Registration

David Jervis o/a Dave’s Car and Truck Sales and Scott Jervis Applicants

-and-

Registrar, Motor Vehicle Dealers Act, 2002 Respondent

REASONS FOR DECISION AND ORDER

ADJUDICATOR: Terrance Sweeney, Vice-Chair

APPEARANCES:

For the Applicants: Anik Morrow, Counsel

For the Respondent: Angela La Viola, Counsel

Heard in Toronto: November 27 and 28, 2012

REASONS FOR DECISION AND ORDER

BACKGROUND

This is a hearing before the Licence Appeal Tribunal (the “Tribunal”) arising out of a Notice of Proposal issued by the Registrar, Motor Vehicle Dealers Act, 2002 (the “Registrar” and the “Act” respectively). The Notice of Proposal, dated October 20, 2011, proposed to revoke the registration of the Applicants David Jervis o/a Dave’s Car and Truck Sales and Scott Jervis (the “Applicants”), as a motor vehicle dealer and salesperson, respectively, under the Act.

The Proposal sets out the reasons of the Registrar for revoking the registration of the Applicants as follows:

The intention and objective of the Act is to protect the public interest. In doing so, the Act prohibits the making of false statements in an application for registration or renewal and requires that Applicants be financially responsible in the conduct of business and that they carry on business in accordance with the law and with integrity and honesty. The past conduct of DAVID JERVIS o/a DAVE’S CAR AND TRUCK SALES and SCOTT JERVIS is inconsistent with the intention and objective of the Act, and therefore warrants disentitlement to registration under the Act.

The particulars upon which the Registrar relies are set out in the Proposal as follows:

Registration History

1. David Jervis o/a Dave’s Car and Truck Sales (“Dave’s Car Sales”) operates as a sole proprietorship and was first registered as a dealership under the Act on or about May 2, 1986.
2. Scott Jervis was first registered as a salesperson under the Act on or about December 13, 1999. Scott Jervis is employed by Dave’s Car Sales and is the son of David Jervis.

Possession of Stolen Vehicles

3. On or about June 1, 1999, the Registrar issued a proposal to revoke the registration of Dave’s Car Sales. The proposal was substantially based on the fact that David Jervis had 17 convictions for possession of stolen property relating to possession of stolen motor vehicles. By a decision of the Commercial Registration Appeal Tribunal dated December 15, 1999, the Registrar was directed not to carry out the proposal. The Registrar repeats and relies on the Tribunal’s findings of fact.
4. From on or about November 9, 2006 to on or about December 20, 2007, David Jervis engaged in conduct which resulted in criminal charges involving 7 counts of failing to notify the Registrar of Imported Vehicles of the salvage status of imported vehicles, contrary to the Highway Traffic Act.
5. From on or about August 29, 2006 to or on about May 20, 2009, David Jervis engaged in conduct which resulted in his being charged with 23 counts of possession of property obtained by crime over $5000, 5 counts of possession of property obtained by crime