Licence Tribunal
Appeal d'appel en Tribunal matière de permis
DATE:
2012-12-21
FILE:
7086/MVDA
CASE NAME:
7086 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
Souheil (Daniel) Yazbek Applicant
-and-
Registrar, Motor Vehicle Dealers Act 2002 Respondent
DECISION AND ORDER
ADJUDICATOR:
Alex McCauley, Member
APPEARANCES:
For the Applicant:
Self-represented
For the Respondent:
Brian Osler, Counsel
Heard in Windsor:
December 4 and 17,2012
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 November 17, 2011 proposed to revoke the registration of Souheil (Daniel) Yazbek (the “Applicant”), as a salesperson/ dealer under the Act.
Evidence was heard on December 4, 2012. At the conclusion of the evidence on that day, the parties requested an adjournment to consider their respective positions.
The hearing reconvened on December 17, 2012 at which time the parties made a joint submission pursuant to sec. 6 (2) of the MVDA and in accordance with section 4.1 of the Statutory Powers and Procedure Act to waive the requirement of a hearing and consent to an order of the Licence Appeal Tribunal based on the attached terms and conditions.
Having reviewed and accepted the written settlement signed by the Applicant and the Registrar as to the disposition of these proceedings which is filed and attached hereto as Appendix 1;
The Tribunal, on consent of the parties, orders that the proceedings in this matter are concluded and disposed of without a hearing on the basis of the terms as set out in Appendix 1, which are incorporated into and made part of this Order.
LICENCE APPEAL TRIBUNAL
Alex McCauley, Vice-Chair
Released: December 21, 2012
TO: Licence Appeal Tribunal 530 - 20 Dundas Street West Toronto, Ontario 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: Souheil Yazbek c/o W Auto Shoppers 5049 Tecumseh Road East Windsor, Ontario N8T1C2
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002, Souheil Yazbek (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 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 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(s) to whom he is registered.
If the Applicant is a manager, partner, shareholder, officer, director or has direct or indirect control of a dealership, the Applicant will confirm that all personnel, agents, assignees or anyone acting on behalf of the dealership to buy, sell or lease motor vehicles is registered as a salesperson under the Act.
The Applicant agrees that he will not be involved with the buying, selling or leasing of motor vehicles without the benefit of registration.
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, 2010 as may be amended from time to time.
The Applicant hereby consents to an Order of the Licence Appeal Tribunal, which shall include the terms and conditions set out herein.
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 sponsoring dealer, a person in charge of the new sponsoring dealer must acknowledge in writing that they have received a copy of this Order.
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 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.
Souheil Yazbek (signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Carl Compton