Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2013-06-24
FILE:
7950/MVDA
CASE NAME:
7950 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 Revoke Registrations
Charles Michael Holdings Corp. and Charles Michael Curow
Applicants
-and-
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by Charles Michael Holdings Corp. and Charles Michael Curow, 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: June 24, 2013
SCHEDULE "A"
TO: Registrar, Motor Vehicle Dealers Act, 2002
Ontario Motor Vehicle Industry Council
800-789 Don Mills Road
Toronto, Ontario M3C 1T5
FROM: Charles Michael Holdings Corporation
o/a CMH Leasing
9 Antares Drive
Ottawa, ON, K2E 7V5
AND FROM: Charles M. Curow
c/o CMH Leasing
9 Antares Drive
Ottawa, ON, K2E 7V5
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (“the Act”), CHARLES MICHAEL HOLDINGS CORPORATION o/a CMH LEASING (the “Dealer”) and CHARLES M. CUROW (“Curow”), 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 and Curow shall, at all times, comply with the Act and any regulations made thereunder, including the Standards of Business Practice, 2010, and the Code of Ethics [Ont. Regulation 332/08], which may be amended from time to time.
The Dealer and Curow shall reply promptly to any communication from the Registrar or his representatives.
The Dealer and Curow shall answer with reasonable promptness all letters and communications from the Registrar or his representatives that require an answer, and shall be punctual in fulfilling all commitments.
The Dealer and Curow shall co-operate with the Registrar and his representatives carrying out the Registrar’s administrative activities, including inquiries, inspections, investigations and discipline.
The Dealer and Curow agree to pay any outstanding judgments, collections and any obligations against them, promptly when due.
The Dealer and Curow understand that the Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Dealer and Curow. The Dealer and Curow confirm that all documents, information or statements provided to the Registrar are true to the best of the Dealer and Curow’s knowledge and belief and that the Dealer and Curow have given full answer to all questions and requests made by the Registrar in connection with the Dealer and Curow’s application for registration.
The Dealer and Curow acknowledge that the Registrar may take further administrative action, including a proposal to revoke their registrations, arising from any matters that have occurred or may occur related to honesty and integrity or financial position.
The Dealer and Curow hereby consent to an Order of the Licence Appeal Tribunal, which shall include the terms and conditions set out herein.
The Dealer and Curow acknowledge that they have taken the time to carefully review these terms and conditions, and by signing, acknowledge that they understand their significance and agree to abide by them.
The Dealer and Curow 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 herein.
Signed in the City of ________________________ this _______ day of ___________________ 20_____.
(Signature) Charles M. Curow
For the Dealer (please print)
(Signature) I have authority to bind the dealership
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Carl Compton
Registrar