Licence Appeal Tribunal
File: 7625/MVDA
Case Name: 7625 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 Refuse Registrations
Sarkoun Samanou and 1711621 Ontario Ltd o/a Sam’s Auto Service Applicants
-and-
Registrar, Motor Vehicle Dealers Act 2002 Respondent
REASONS FOR DECISION AND ORDER
Adjudicator: Kenneth W. Koprowski, Vice-Chair
Appearances:
For the Applicants: Mutaz Hammuri, Paralegal
For the Respondent: Michael Rusek, Student-at-law
Heard in London: November 30 and December 19, 2012
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 August 23, 2012, proposed to refuse to grant the registration of 1711621 Ontario Ltd., o/a Sam’s Auto Service (the “corporate Applicant”) as a motor vehicle dealer and the registration of Sarkoun Samanou (“Mr. Samanou”) as a motor vehicle salesperson (collectively referred to as the “Applicants”) under the Act.
The grounds for refusing to grant the registrations of the Applicants are that Mr. Samanou provided incomplete and/or inconsistent information to the Registrar in his application for registration as a motor vehicle salesperson. He failed to disclose his involvement in previous proceedings in front of the Licence Appeal Tribunal to refuse to renew his commercial, professional or business registration certificates or licences under the Ministry of Transportation’s Motor Vehicle Inspection Stations (“MVIS”) programme.
Similarly, concerning the corporate Applicant, Mr. Samanou, as owner, president and sole employee of the corporate Applicant, failed to disclose, in the application for registration of the corporate Applicant as a motor vehicle dealer, his involvement in the previous Tribunal proceedings under the MVIS programme.
In addition, the individual Applicant, operating as Sam’s Auto Service, engaged in conduct that resulted in convictions for industry-related offences under the MVIS programme.
Consequently, the Registrar considered that the history of disregard for regulatory obligations provided reasonable grounds to believe that the Applicants were unlikely to act in accordance with the law and with integrity and honesty in the conduct of business. Furthermore, Mr. Samanou provided false, misleading and/or inconsistent information to the Registrar in both the corporate and individual applications for registration under the Act.