Licence Appeal Tribunal
Appeal en matière de permis
FILE: 7843MVDA
CASE NAME: 7843 v. Registrar, Motor Vehicle Dealers Act 2002
An Appeal from a Notice of Order by the Registrar, Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch. B – dated December 20, 2012 to Order to Cease False Advertising
Johnston Motor Sales Co. Limited Applicant
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
Upon the application to the Tribunal by Johnston Motor Sales Co. Limited, the Applicant, 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: January 16, 2013
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: Johnston Motor Sales Co. Ltd. o/a Johnston Chrysler Dodge Jeep 1350 Upper James Street Hamilton, ON L9C 3B4
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (“the Act”), Johnston Motor Sales Co. Ltd. o/a Johnston Chrysler Dodge Jeep (“the Dealer”) 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 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 shall cease advertising, in any medium, any false, misleading or deceptive statements involving guaranteed trade-in allowances.
The Dealer shall provide the Registrar with written notification of the name and contact information of the officer and/or agent responsible for the Dealer’s marketing and further agrees to provide written notification of any changes in said officer and/or agent within five business days of the event.
For a period of two months the Dealer will submit all statements in any advertisement, circular, pamphlet or material to be published by any means to the Registrar for approval before publication.
The Dealer will comply with the Standards of Business Practice, 2010, as may be amended from time to time.
The Dealer will comply with section 36 of Ontario Regulation 333/08 under the Act.
The Dealer will comply with Ontario Regulations 333/08 and 332/08 (the Code of Ethics) under the Act.
The Dealer acknowledges that the Registrar may take further administrative action in the form of a proposal to revoke its registration, 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 hereby consents to an Order of the Licence Appeal Tribunal, which shall include the terms and conditions set out herein.
The Dealer hereby acknowledges that it has obtained or has had the opportunity to obtain independent legal advice with respect to its consent to the terms and conditions set out in this document.
Signed in the City of __________________ this ______ day of _________________, 2013.
(Signature) I have authority to bind the dealership.
Johnston Motor Sales Co. Ltd. o/a Johnston Chrysler Dodge Jeep
William J. Johnston (signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Carl Compton Registrar