Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
2013-06-26
FILE:
7616/MVDA
CASE NAME:
7616 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
A&L Auto Recyclers Inc, Jeffrey G. Lanoue and John A Lanoue
Applicants
-and-
Registrar, Motor Vehicle Dealers Act 2002
Respondent
ORDER
ADJUDICATOR:
Alex McCauley, Member
APPEARANCES:
For the Applicants:
Patrick J. Ducharme, Counsel
For the Respondent:
Brian Osler, Counsel
Heard in Windsor:
June 11, 2013
ORDER
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 revoke the registrations of A&L Auto Recyclers Inc., Jeffrey G. Lanoue and John A. Lanoue (the "Applicants"), as a dealer and salespersons under the Act.
The Notice of Proposal contends that the past conduct of A&L Auto Recyclers Inc., Jeffrey G. Lanoue and John A. Lanoue is inconsistent with the intention and objective of the Act which is to protect the public interest. Specifically, it is a requirement under the Act that Registrants make no false statements in an application for registration or renewal and that they carry on business in accordance with the law and with integrity and honesty.
John Lanoue plead guilty in criminal court to possession of property obtained by an offence. Court documents revealed that John and Jeffrey Lanoue were accused of no less than 104 industry specific criminal charges. The industry specific conduct related to the dealer and John Lanoue acting as a "chop shop", engaged in selling motor vehicles and or motor vehicle parts.
The Registrar alleges the Dealer, and Jeffrey and John Lanoue have failed to comply with the Act, in particular section 6. In addition, it was alleged that John Lanoue failed to provide the Registrar's office with complete information and or documentation as it relates to the circumstances surrounding his 2011 criminal finding of guilt. On April 25, 2013, Respondent's Counsel advised the Tribunal that it would not be proceeding with this latter allegation on the NOP.
On June 11, 2013, after several days of evidence, the parties came to a resolution and, therefore, in accordance with Section 6(2) of the Motor Vehicle Dealers Ac and Sec. 4.1 of the Statutory Powers and Procedures Act waiving and jointly requested an order from the Licence Appeal Tribunal based on the terms and conditions as agreed to and to be attached as Appendix "A" to the Tribunal's Order.
ORDER
Pursuant to the authority vested in it under the provisions of the Act, the Tribunal directs the Registrar to carry out the Notice of Proposal dated August 23, 2012, as per the Agreement attached to this Order and that the terms and conditions set out in the Appendix be implemented.
LICENCE APPEAL TRIBUNAL
_________________________
Alex McCauley, Member
Released: June 26, 2013
TO: Licence Appeal Tribunal 530 - 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, Ontario M3C 1T5
AND FROM: A & L Auto Recyclers Inc. 7525 County Rd. 42 Pointe-Aux-Roches, ON N0R 1N0
AND FROM: John A. Lanoue c/o Patrick J. Ducharme Ducharme Fox LLP 800 University Avenue West Windsor, ON N9A 5R9
AND FROM: Jeffrey G. Lanoue c/o Patrick J. Ducharme Ducharme Fox LLP 800 University Avenue West Windsor, ON N9A 5R9
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002, (the "Act"), A&L Auto Recyclers Inc. (the "Dealer"), John A. Lanoue ("John"), Jeffrey G. Lanoue ("Jeff") 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:
REGISTRATION
A&L Auto Recyclers Inc. and John Lanoue
The Dealer and John agree to withdraw their appeals of the Registrar's Notice of Proposal dated August 23, 2012.
The Dealer and John acknowledge and understand that as a result of the withdrawal of their appeals, the Notice of Proposal dated August 23, 2012 shall be carried out, pursuant to section 9(4) of the Act.
Jeffrey Lanoue
Jeffrey agrees that he shall only be registered as a "salesperson" as defined by Ontario Regulation 333/08.
Jeffrey agrees not to apply for registration as a "dealer" as defined by Ontario Regulation 333/08 for a minimum of a two year period.
Jeffrey agrees not to be a partner, shareholder, officer, director, person-in-charge or have direct or indirect control of a dealer for a minimum of a two year period
Jeffrey agrees not to conduct trades in motor vehicles except on behalf of the dealer to whom he is registered.
Jeffrey agrees not to transfer his or her registration as a salesperson under the Act to another Registrant without having first obtained prior written consent of the Registrar.
COMPLIANCE
Jeffrey 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.
Jeffrey acknowledges and understands that his registration will not be used to buy, sell or lease motor vehicles where he knows, or ought to know, the purchase, sale or lease of those vehicles will facilitate an illegal or unethical practice.
DISCLOSURE TO THE REGISTRAR
- Jeffrey agrees if he is charged with a criminal or industry-specific offence, he will provide all particulars of this to the Registrar, signed by his employer, within five (5) days of being charged.
GENERAL
Jeffrey hereby consents to an Order of the Licence Appeal Tribunal, which shall include the terms and conditions set out herein.
John, Jeffrey and the Dealer acknowledge that they have taken the time to carefully review these terms and conditions, and by signing, acknowledges that they understand their significance and agree to abide by them.
John, Jeffrey and the Dealer acknowledge that they has 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 2013.
John A. LANOUE (signature)
Jeffrey G. LANOUE (signature)
A & L Auto Recyclers Inc. (signature)
I have the authority to bind the corporation.
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Per:
Carl Compton