Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2013-01-18
FILE:
7388/MVDA
CASE NAME:
7388 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
On-Time Auto Services Ltd and Bishaar Awale
Applicants
-and-
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by On-Time Auto Services Ltd and Bishaar Awale,
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
Patricia McQuaid, Vice Chair
RELEASED: January 18, 2013
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: On-Time Auto Services Ltd.
o/a On-Time Auto Sales and Services
1266 Martin Grove Road, Unit 3
Toronto, ON M9W 4X3
AND FROM: Bishaar Awale
c/o Tago Law Office
1960 Lawrence Avenue East, Unit # 7
Toronto, ON M1R 2Z1
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “Act”), On-Time Auto Services Ltd. o/a On-Time Auto Sales and Services (the “Dealer”), Bishaar Awale (“Awale”) 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:
Registration
The Dealer will ensure that all personnel, agents, assignees or anyone acting on behalf of the Dealer to buy, sell or lease motor vehicles shall be registered as a salesperson to the Dealer.
The Dealer further acknowledges that the restrictions concerning the activities of salespersons referred to in this document applies to buying, selling and leasing on behalf of the Dealer. "Buying, selling or 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. This further includes attendance at auction on behalf of the Dealer.
The Dealer will not conduct any purchases with anyone who is in the business of buying, selling or leasing motor vehicles without first confirming that the person is registered as a dealer under the Act.
The Dealer will ensure that all personnel, agents, assignees or anyone acting on behalf of the Dealer are informed concerning the terms and conditions contained in this document to the extent necessary to ensure compliance with these terms and conditions.
The Dealer and Awale acknowledge and understand that their registrations will not be used to buy, sell or lease motor vehicles where they know or ought to know the purchase, sale or lease of those vehicles will facilitate an illegal or unethical practice.
The Dealer and Awale agree that they will not be involved with the buying, selling or leasing of motor vehicles without the benefit of registration.
Books and Records
The Dealer agrees to maintain a garage register in accordance with the Highway Traffic Act and will maintain all books and records as required by the Act at the Dealer's registered premises. The Dealer further agrees to provide free access to books and records of the Dealer to any authorized representative of the Registrar.
The Dealer will ensure that any vehicles sold are registered in the name of the purchaser in the records of the Ministry of Transportation before releasing the vehicle to the purchaser.
The Dealer will not purchase a vehicle without ensuring the vehicle is registered to the seller in the records of the Ministry of Transportation.
The Dealer agrees to register all vehicles purchased within 6 days in accordance with the Highway Traffic Act.
The Dealer agrees that, in the event their books and records are lost, stolen or destroyed in whole or in part, they shall advise the Registrar, in writing within 5 days of the event, and shall include all relevant documentation including, but not limited to, police reports, insurance claims and affidavits. The Dealer further agrees to make all reasonable efforts to reconstitute the lost, stolen or damaged records.
The Dealer agrees, prior to the removal of any records from the registered premises of the Dealer, to obtain a receipt including the recipient's name, address, phone number, description of records taken, time of return and signature of recipient. The Dealer further agrees to make said receipt available to any representative of the Registrar, upon request.
The Dealer shall maintain books and records, which accurately record the nature of its transactions involving the purchase, sale or lease of a motor vehicle. The Dealer will not 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.
Premises
The Dealer agrees to maintain a sign identifying the Dealer at the Dealer's registered premises that is visible to the public.
The Dealer agrees to operate exclusively from the location approved by the Registrar. The Dealer further agrees to apply for the Registrar's approval, by way of prior written notice, of any change in location.
The Dealer agrees not to invite the public to deal at a place other than its approved location.
The Dealer will ensure that all advertisements placed by, or on behalf of the Dealer, will identify the registered name and address of the location approved by the Registrar.
The Dealer will have a phone number that is publicly listed with the Dealer's registered name and address.
Disclosure/Public Protection
The Dealer agrees that it is under a positive obligation to disclose, in writing on the bill of sale, all material facts about the vehicles it sells or leases to its customers, whether or not the Dealer agrees with the disclosure and whether or not the vehicle has been branded through the Ministry of Transportation. Material facts include, but are not limited to, disclosure of salvage, previous salvage, accident and repair, total cost of repairs in excess of $3,000, frame damage, theft recovery, unibody damage, previous taxi cab, previous police car, previous daily rental, insurance write-off and any other material fact which, in the Registrar's opinion, may affect one's decision to purchase or lease the vehicle. In the case of damaged vehicles, the Dealer further agrees to disclose as much detail as possible with respect to the nature and severity of the damage. The Dealer agrees to make reasonable efforts to research the history of all of the Dealer’s vehicles prior to sale to ensure all material facts are disclosed.
The Dealer agrees that it will not represent any charges or fees on a bill sale as being required by law, unless said charges or fees are legally required.
The Dealer agrees that it is under a positive obligation to disclose, in writing, on bills of sale, the distance traveled of motor vehicles sold or leased by the Dealer.
The Dealer will not, directly or indirectly, allow the odometer reading on any motor vehicle purchased, sold or leased to be altered in any way. In case of a repair of a broken odometer, the Dealer shall record and maintain in the reconditioning record as defined by the Act, the reading in miles or kilometers that was on the odometer, prior to the exchange or repair.
General
The Dealer and Awale confirm that all documents, information or statements provided to the Registrar by them are true to the best of their knowledge and belief and that the Dealer and Awale have given full answers to all questions and requests made by the Registrar in connection with their previous applications for registration.
Awale agrees not to act as a salesperson on behalf of any dealer other than the dealer to whom he is registered.
Awale and all directors and officers of the Dealer shall complete and pass the one-day, on-site Ontario Motor Vehicle Industry Council's Automotive Certification Course Automotive Certification Course offered by the Automotive Business School at Georgian College within 60 days of the release of this Order. Awale and the Dealer agree to be responsible for all fees in relation to enrolment.
The Dealer and Awale 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 Awale acknowledge that they have taken the time to carefully review these terms and conditions, and by signing them, acknowledge that they understand their significance and agree to abide by them.
The Dealer and Awale hereby consent to an Order of the Licence Appeal Tribunal, which shall include the terms and conditions set out herein.
The Dealer and Awale hereby 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 in this document.
Signed in the City of this day of 2013.
On-Time Auto Services Ltd. o/a On-Time Auto Sales and Services (signature)
I have the authority to bind the corporation.
Bishaar Awale (signature)