Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
2013-04-19
FILE:
7798/MVDA
CASE NAME:
7798 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 November 29, 2012 to Suspend Registration
1484996 Ontario Inc. o/a Stratford R.V. Centre 2001, Stephen Hubbard
Applicants
-and-
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by 1484996 Ontario Inc. o/a Stratford R.V. Centre 2001, Stephen Hubbard, 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: April 19, 2013
SCHEDULE "A"
TO: Licence Appeal Tribunal
20 Dundas Street West
5th Floor
Toronto, ON M5G 2C2
FROM: The Registrar
Motor Vehicle Dealer Act, 2002
Ontario Motor Vehicle Industry Council
789 Don Mills Road, Suite 800
Toronto, Ontario M3C 1T5
AND FROM: 1484996 Ontario Inc. o/a
STRATFORD R.V. CENTRE 2001
5499 Highway 8 West, RR3
Mitchell, ON N0K 1N0
AND FROM: STEPHEN JAMES HUBBARD
925 Morninton Street North
Stratford, ON N5A 7V4
In accordance with section 6(2) of the Motor Vehicle Dealers Act, 2002 (“the MVDA”), STRATFPRD R.V. CENTRE 2001 and STEPHEN JAMES HUBBARD (the “Registrant”) and the Registrar, Motor Vehicle Dealers Act, 2002, (“the Registrar”) and pursuant to 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”) subject to the following Terms and Conditions.
The Registrant will comply with all requirements of the MVDA and Ontario Regulation 333/08 and the Code of Ethics by virtue of Ontario Regulation 332/08 and the OMVIC’s Standards of Business Practice, 2010.
The Registrant agrees that motor vehicles taken on consignment will be restricted to consignment agreements with other registered motor vehicle dealers.
The Registrant agrees that motor vehicles will not be taken on consignment from consumers without the prior written consent from the Registrar or a representative of the Registrar.
The Registrant agrees to respond in a prompt and timely manner to any and all future inquiries from the Registrar or a representative of the Registrar.
The Registrant will comply with section 2 of the Business Names Act, R.S.O. 1990, Chapter B.17.
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 honesty and integrity or financial responsibility.
The Registrant acknowledges that independent legal advice has been obtained or the Registrant has had the opportunity to obtain independent legal advice respecting consent to the Terms and Conditions contained in this document.
Signed in the City of Mitchell this 17th day of April 2013.
_
Name of Authorized Representative (please print)
(Signature) I have authority to bind the dealership.
STRATFORD R.V. CENTRE 2001