Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
2013-07-24
FILE:
8211/MVDA
CASE NAME:
8211 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 July 3, 2013 to Impose Terms and Conditions
Mark Lensink
Applicant
-and-
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by Mark Lensink, 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: July 24, 2013
SCHEDULE "A"
TO: Licence Appeal Tribunal
530 - 20 Dundas Street West (5th Floor)
Toronto, ON M5G 2C2
FROM: Registrar, Motor Vehicle Dealer Act, 2002
Ontario Motor Vehicle Industry Council
789 Don Mills Road, Suite 800
Toronto, ON M3C 1T5
FROM: MARK LENSINK
c/o Guelph Fine Cars Inc.
o/a Guelph Kia
1Malcolm Road
Guelph, ON N1K 1A7
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002, MARK LENSINK (the “Salesperson”) 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 attaching the following terms and conditions to the Salesperson’s registration:
The Salesperson acknowledges and understands he is under an ongoing obligation to comply with the Motor Vehicle Dealer Act, 2002, Ontario Regulation 333/08 under the Act, the Code of Ethics found in Ontario Regulation 332/08 also under the Act, as well as OMVIC’s Standards of Business Practice, 2010 which may be amended from time-to-time.
The Salesperson acknowledges and understands that it is a violation of the Act to trade in motor vehicles without the benefit of registration.
The Salesperson acknowledges that the Registrar may take administrative action, including a proposal to revoke his registration as a motor vehicle salesperson arising from any matters that have occurred or that may occur in the future related to his financial circumstances and his honesty and integrity.
The Salesperson acknowledges and understands that this Order will expire 4-months from the date of the signing of these conditions.
The Salesperson hereby consents to an Order of the Licence Appeal Tribunal which shall include the terms and conditions set out herein.
The Salesperson will provide a copy of this Order to his employer forthwith
The Salesperson hereby 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 in this document.
Signed in the City of Guelph this 12th day of July 2013.
Mark Lensink (signature)
These Terms and Conditions are acceptable to the Registrar, Motor Vehicle Dealers Act, 2002
Date: July 15/13
Carl Compton