Licence Tribunal
Appeal d'appel en Tribunal matière de permis
DATE: 2012-12-19
FILE: 7423/MVDA
CASE NAME: 7423 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
Ajax Auto Wreckers (2003) Inc. and Steven T. Monaghan Applicants
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
PRE-HEARING ORDER
ADJUDICATOR: Nives Montano, Member
APPEARANCES:
For the Respondent: Angela LaViola, Counsel
Heard by teleconference: December 14, 2012
ORDER
A sixth pre-hearing was held by teleconference in the presence of Angela LaViola, Counsel, representing the Registrar, Motor Vehicle Dealers Act, 2002 (the “Registrar”). Ms LaViola advised that Matthew Gourlay, Counsel for Ajax Auto Wreckers (2003) Inc. and Steven T. Monaghan (the “Applicants”) would not be joining the teleconference since the terms of settlement were signed by the Applicants about one hour before the pre-hearing teleconference commenced.
Immediately following the teleconference, the Tribunal received confirmation from Mr Gourlay that the terms of settlement had been agreed to and signed by his clients and the Registrar.
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
_____________________________
Nives Montano – Presiding Member
Released: December 19, 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, ON M3C 1T5
AND FROM: AJAX AUTO WRECKERS (2003) INC. 160 Dowty Road Ajax, ON L1S 2G4
AND FROM: STEVEN T. MONAGHAN 1954 Southview Drive Pickering, ON L1V 1Y7
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002, (the “MVDA”), the parties to the proceeding, Steven T. Monaghan and Ajax Auto Wreckers (2003) Inc. (collectively referred to as the “Registrant”); 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 (“the Tribunal”) based upon the following Terms and Conditions:
The Dealer agrees to registration in the motor vehicle dealer class of “Wholesaler” only as defined in section 21 of Ontario Regulation 333/08. Such term will be in force and effect upon the release of the Order and shall expire one (1) year thereafter.
The Registrant agrees to an Interim Suspension of Registration for a period of ninety (90) days. Such suspension will be in force and effect beginning on March 1, 2013; and shall expire ninety (90) days thereafter.
The Registrant acknowledges and undertakes to immediately enroll in the Ontario Motor Vehicle Industry Council Certification Course. The Registrant acknowledges and undertakes to be responsible for all fees in relation to enrolment; and provide proof of successful completion within one hundred twenty (120) days.
The Registrant will ensure that all personnel, agents, assignees or anyone acting on behalf of the Registrant to buy, sell or lease motor vehicles shall be registered as a salesperson to the Registrant. "Buying, selling and leasing" refers to showing a vehicle to a prospective purchaser or lessee, or any form of negotiation concerning the purchase sale or lease of a motor vehicle and is not limited to the signing of contracts (see “trade” as defined in the MVDA). This further includes attendance at auction on behalf of the Registrant and positions commonly referred to as Sales Manager, Finance and Insurance Manager, Branch Manager, Business Manager, General Manager or any individual who has supervisory authority over salespersons, signing authority or who may be defined as a “person-in-charge” of the Registrant.
The Registrant agrees to notify the Registrar, in writing, within five business days, of any charges for offences under any federal legislation; or provincial legislation where the charge would fall under Part III of the Provincial Offences Act R.S.O. 1990, c. P.33; or municipal legislation where the charge would fall under the Ajax By-Law 134-2007.
The Registrant 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 Registrant confirms that the particulars and circumstances of his/her 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 Registrant understands that the Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Registrant in support of the Registrant’s application for registration or renewal of registration. The Registrant confirms that all documents, statements or information provided to the Registrar are true to the best of the Registrant’s knowledge and belief and that the Registrant has given full answers to all questions and requests made by the Registrar in relation to the Registrant’s application.
The Registrant acknowledges that the Registrar may take further administrative action, including a proposal to revoke its registration, arising from any matters that have occurred, or may occur, related to financial responsibility; honesty and integrity; or false statements in an application for registration or renewal of registration.
The Registrant acknowledges that independent legal advice has been obtained or the Registrant has had the opportunity to obtain independent legal advice with respect to consent to the Terms and Conditions.
The Registrant hereby consents to an Order of the Licence Appeal Tribunal, including the Terms and Conditions as set out herein.
Signed in the City of this day of 2012.
________________________________________
Steven T. Monaghan (signature)
________________________________________
AJAX AUTO WRECKERS (2003) INC.
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Carl Compton