John D. Whitton v. Registrar, Motor Vehicle Dealers Act, 2002, 2013 CanLII 51155

Licence Appeal Tribunal / Tribunal d'appel en matière de permis

DATE: 2013-08-08

FILE: 8222/MVDA

CASE NAME: 8222 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 to Impose terms and conditions on the Registration

John D. Whitton Applicant

-and-

Registrar, Motor Vehicle Dealers Act, 2002 Respondent

Upon the application to the Tribunal by John D. Whitton, 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.

Gary Yee, Associate Chair

RELEASED: August 8, 2013

IN THE MATTER OF the Motor Vehicle Dealers Act, 2002, S.O. 2002, Chapter 30. Schedule B

and Regulations, as amended

and -

IN THE MATTER OF the registration of JOHN DAVID WHITTON

TO: John D. Whitton 249 Oslo Crescent Sarnia ON N7S 4J3

NOTICE OF PROPOSAL TO IMPOSE TERMS AND CONDITIONS

Take notice that pursuant to Section 9 of the Motor Vehicle Dealers Act, 2002 (the “Act”) the Registrar is proposing to impose terms and conditions on the registration of JOHN DAVID WHITTON as a motor vehicle salesperson under the Act.

REASONS

The intention and objective of the Act is to protect the public interest. In doing so, the Act prohibits the making of false statements in an application for registration or renewal and requires that Registrants be financially responsible in the conduct of business and that they carry on business in accordance with the law and with integrity and honesty. JOHN DAVID WHITTON past conduct is inconsistent with the intention and objective of the Act, and therefore warrants the imposition of conditions of registration under the Act. The proposed terms are attached as Schedule “A” to this proposal.

PARTICULARS

The reasons for this proposal are:

On or about August 24, 2004, the Registrar issued a Notice of Proposal to Refuse the registration of John David Whitton (the “Salesperson”) as a motor vehicle salesperson under the Act.
The allegations contained in the Registrar’s August 2004 Notice of Proposal are summarized as follows: a. The Salesperson was found to be in possession of vehicles which contained parts from other vehicles, altered vehicle identification numbers (VINs) and various motor vehicles and vehicle parts that he knew or ought to have known were stolen. b. In relation to the conduct described in paragraph a), the Salesperson was charged and convicted pursuant to the Criminal Code of Canada, an appeal was subsequently brought and the convictions were quashed by the Court of Appeal.
On or about December 13, 2004, the Registrar’s Notice of Proposal, was settled by an Order of the Licence Appeal Tribunal (the “Consent Order”) wherein conditions were imposed on the Salesperson’s registration.
The Salesperson is currently registered and has been registered as a salesperson under the Act since on or about December 13, 2004.
Included in the Consent Order was a prohibition on the Salesperson acting as “an officer, director, owner, manager, partner or directing mind in a dealership”.
The parties to the December 13, 2004 Consent Order seek to have the terms and conditions attached to the Salesperson’s registration varied and/or removed to allow him to act in a management/ownership position at a dealership.
Attached hereto as Schedule “A” is a copy of the proposed terms and conditions to be attached to the Salesperson’s registration as a motor vehicle salesperson thus replacing the Tribunal’s Order of December 13, 2004.

RIGHT TO A HEARING

Section 9(2) of the Act provides that an Applicant/Registrant is entitled to a hearing by the Licence Appeal Tribunal in respect of this proposal, if WITHIN 15 DAYS after service of this proposal, the Applicant/Registrant files/serves an appeal, in writing, to the following parties:

Licence Appeal Tribunal Ontario Motor Vehicle Industry Council 530 - 20 Dundas Street West Registrar, Motor Vehicle Dealers Act, 2002 Toronto, ON M5G 2C2 - AND TO - 789 Don Mills Road, Suite 800 Toronto, ON M3C 1T5

Note that Section 9(4) of the Act provides that where the Applicant/Registrant does not require a hearing by the Tribunal in accordance with subsection 9(2), the Registrar may carry out the proposal to impose conditions of registration, without further notice to you.

Section 9(5) of the Act provides that where an Applicant/Registrant requires a hearing, the Tribunal shall schedule a hearing. At that time, the Tribunal may order the Registrar to carry out, or refrain from carrying out this proposal, or may order that the Registrar take such action as the Tribunal considers appropriate, in accordance with the Act and the regulations.

Section 9 (5) of the Act provides that the Tribunal may attach such terms and conditions to its Order or to the registration, as it considers proper to give effect to the purposes of the Act.

APPLICATION OF THE STATUTORY POWERS PROCEDURE ACT

The Statutory Powers Procedure Act, R.S.O. 1990, Chapter S.22, as amended, applies to the hearing to be held by this Tribunal. A party to a proceeding may be represented by counsel or an agent.

The Registrar states that the good character, propriety of conduct or competence of the Applicant/Registrant shall be an issue in any hearing before the Tribunal and the Registrar has, therefore, furnished herein reasonable information of allegations with respect thereto.

APPLICATION OF THE RULES OF PRACTICE OF THE LICENCE APPEAL TRIBUNAL

This is to serve as notice that the Registrar shall make application for its costs pursuant to Rule 14 of the Rules of Practice.

FURTHER PARTICULARS/SUPPLEMENTAL NOTICE

The Registrar may provide further and other particulars in respect of any other matters herein or in respect to any other matter including further grounds for the imposition of conditions of registration.

DATED at Toronto, this day of July 2013.

Carl Compton Registrar Motor Vehicle Dealers Act, 2002