Licence Tribunal
Appeal d'appel en Tribunal matière de permis
DATE:
2013-08-20
FILE:
8169/MVDA
CASE NAME:
8169 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 June 12, 2013 to Refuse Registration
Ali Samadzadeh
Applicant
-and-
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
ADJUDICATOR:
Jane Weary, Vice-Chair
APPEARANCES:
For the Applicants:
Symon Zucker, Counsel
For the Respondent:
Jane Samler, Counsel
Heard in Toronto:
August 1, 2013
CONSENT ORDER
Upon the application to the Tribunal by Ali Samadzadeh, 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
Jane Weary, Vice-Chair
RELEASED: August 20, 2013
SCHEDULE "A"
TO: Licence Appeal Tribunal 530 - 20 Dundas Street West Toronto, ON M5G 2C2
FROM: Registrar, Motor Vehicle Dealers Act, 2002 Ontario Motor Vehicle Industry Council 800-789 Don Mills Road Toronto, ON M3C 1T5
AND FROM: Ali Samadzadeh c/o Symon Zucker Danson & Zucker Barrister and Solicitors 701 – 375 University Avenue Toronto, ON M5G 2J5
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 Ali Samadzadeh (the “Applicant”) 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:
The Applicant agrees that he is under a positive obligation to disclose, in writing on the bill of sale, all material facts about the vehicles he sells or leases to customers on behalf of his sponsoring dealer, whether or not the Applicant agrees with the disclosure and whether or not the vehicle has been branded through the Ministry of Transportation. Material facts include, but are not limited to, disclosure of salvage, previous salvage, accidented and repaired, frame damage, theft recovery, unibody damage, previous taxi cab, previous police car, previous daily rental, insurance write-off and any other material fact which, in the Registrar's opinion, may affect one's decision to purchase or lease the vehicle. In the case of damaged vehicles, the Applicant further agrees to disclose as much detail as possible with respect to the nature and severity of the damage. The Applicant agrees to make reasonable efforts to research the history of all vehicles prior to sale to ensure all material facts are disclosed.
The Applicant agrees that he will not represent to customers on behalf of his sponsoring dealer, any charges or fees on a bill sale as being required by law, unless said charges or fees are legally required.
The Applicant agrees that he is under a positive obligation to disclose, in writing on the bill of sale, the distance traveled of motor vehicles sold or leased to customers on behalf of his sponsoring dealer in accordance with section 42 of Ontario Regulation 333/08, as may be amended from time to time.
The Applicant will not, directly or indirectly, allow the odometer reading on any motor vehicle purchased, sold or leased to customers on behalf of his sponsoring dealer, to be altered in any way. In case of a repair of a broken odometer, the Applicant shall record and maintain in the reconditioning record as defined by the Act, the reading in miles or kilometers that was on the odometer, prior to the exchange or repair.
The Applicant agrees, for a period of five years from the date of the Tribunal’s Order, not to be a partner, shareholder, officer, director or have direct or indirect control of a dealership, or be Person-In-Charge of a dealership.
The Applicant agrees, for a period of five years from the date of the Tribunal’s Order, not to be the final signatory on any sales or lease contracts on behalf of a registered dealer without having first obtained prior written consent of the Registrar.
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 will not apply to be a motor vehicle dealer for a period of five years from the date of the Tribunal’s Order.
The Applicant acknowledges and understands that his registration will not be used to buy, sell or lease motor vehicles, on behalf of his sponsoring dealer, where the Applicant knows, or ought to know, the purchase, sale or lease of those vehicles will facilitate an illegal or unethical practice.
The Applicant will comply with OMVIC's Code of Ethics and Standards of Business Practice as may be amended from time to time.
The Applicant agrees, if he is charged in the future of an industry-specific or criminal offence, he will immediately notify his sponsoring dealer, in writing of the charges against him and provide a copy of the notification signed by his 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 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 acknowledges that it 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.
Signature: Ali Samadzadeh (the “Applicant”)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Carl Compton