Licence Appeal Tribunal
Tribunal d'appel en matière de permis
FILE: 7777/MVDA
CASE NAME: 7777 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 16, 2012 to Refuse Registration
Eduardo Alves Applicant
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by Eduardo Alves, 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
Patricia McQuaid, Vice-Chair
RELEASED: January 25, 2013
SCHEDULE "A"
TO: Licence Appeal Tribunal 530 – 20 Dundas Street West Toronto, ON M5G 2C2
FROM: Registrar, Motor Vehicle Dealer Act, 2002 Ontario Motor Vehicle Industry Council 800 – 789 Don Mills Road Toronto, ON M3C 1T5
AND FROM: Eduardo Alves c/o Kingston Volkswagen Ltd. 1670 Bath Road Kingston, ON K7M 4X9
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 Eduardo Alves (the “Applicant”) and the Registrar, Motor Vehicle Dealers Acts, 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 not to operate outside the restrictions of his class of registration as a salesperson.
The Applicant further acknowledges that a salesperson must be registered to trade in motor vehicles. As defined by section 1 of the Motor Vehicle Dealers Act, 2002, the term trade includes buying, selling, leasing, advertising or exchanging an interest in a motor vehicle or negotiating or inducing or attempting to induce the buying, selling, leasing or exchanging of an interest in a motor vehicle.
The Applicant will not conduct any trades 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 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 the notification signed by his/her sponsoring dealer to the Registrar.
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 confirms that the particulars and circumstances of his convictions are substantially as disclosed to the Registrar and further acknowledges that the Registrar is relying upon the accuracy of the disclosure provided in entering into these Terms and Conditions.
The Applicant agrees to comply with the terms of his probation order.
The Applicant agrees not to be a partner, shareholder, officer, director or controlling mind or “person-in-charge” of a dealer.
The Applicant agrees not to be the final signatory on any sales or lease contracts on behalf of the dealer.
The Applicant agrees not to transfer his registration as a salesperson under the Act to another Applicant without having first obtained prior written consent of 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 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 position.
The Applicant will provide a copy of this Order to his employer forthwith.
The Applicant hereby consents to an Order of the Licence Appeal Tribunal, which will include the terms and conditions set out herein.
The Applicant acknowledges and understands that these terms and conditions will expire 2-years from the date of the Tribunal’s Order.
The Applicant acknowledges that he has obtained, or has had the opportunity to obtain, independent legal advice with respect to his consent to the terms and conditions set out herein.
Signed in the City of ______________ this _____ day of ___________________ 2013.
Eduardo Alves (Signature) Eduardo Alves (Print)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date: , 2013.
Carl Compton
Registrar