Licence Appeal Tribunal
Appeal in matter of Motor Vehicle Dealers Act 2002
FILE: 7818/MVDA
CASE NAME: 7818 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 Refuse and Revoke the Registration
Clarke Chevrolet Buick GMC LTD., Andrew J. Clarke, James A. Clarke, Heather R. Clarke Applicant
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
Upon the application to the Tribunal by Clarke Chevrolet Buick GMC LTD., Andrew J. Clarke, James A. Clarke, Heather R. Clarke, 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: October 08, 2013
SCHEDULE "A"
TO: Licence Appeal Tribunal 530 - 20 Dundas Street West (5th Floor) Toronto, ON M5G 2C2
FROM: Registrar, Motor Vehicle Dealers Act, 2002 Ontario Motor Vehicle Industry Council 789 Don Mills Road, Suite 800 Toronto, Ontario M3C 1T5
AND FROM: Clarke Chevrolet Buick GMC Ltd. c/o Gregory G. Goulin Barrister, Solicitor, Notary Public Goulin & Patrick 500 Windsor Avenue, Main Floor Windsor, ON N9A 6Y5
AND FROM: Andrew J. Clarke c/o Gregory G. Goulin Barrister, Solicitor, Notary Public Goulin & Patrick 500 Windsor Avenue, Main Floor Windsor, ON N9A 6Y5
AND FROM: James A. Clarke c/o Julian Porter, Q.C. Barrister, Solicitor, Notary Public 100 King Street West, Suite 1600 1 First Canadian Place Toronto, ON M5X 1G5
AND FROM: Heather R. Clarke c/o Julian Porter, Q.C. Barrister, Solicitor, Notary Public 100 King Street West, Suite 1600 1 First Canadian Place Toronto, ON M5X 1G5
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002, (the “Act”), Clarke Chevrolet Buick GMC Ltd. (the “Corporation”), Andrew J. Clarke (“Andrew”), James A. Clarke (“James”), Heather R. Clarke (“Heather”) 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:
REGISTRATIONS
1The parties acknowledge that the registration of the Corporation as a motor vehicle dealer has been cancelled, the Corporation is no longer registered as a motor vehicle dealer and the Corporation is no longer permitted to act as a motor vehicle dealer pursuant to the Act. The parties also acknowledge that Andrew, James and Heather are no longer registered as motor vehicle salespersons.
2In consideration of the Corporation, Andrew and James undertaking to not apply for registration for a period of 10 (ten) years from the date of this Order and the undertaking of Heather to not apply for registration as a dealer for a period of 10 (ten) years from the date of this Order, the Registrar agrees to withdraw the Notice of Proposal dated December 10, 2012 to revoke the registrations of the Corporation, Andrew, James and Heather.
3The parties hereto agree that this agreement is done such that a hearing of the Licence Appeal Tribunal (“Tribunal”) is not required in connection with persons and a corporation that are not registered under the Act and that do not have an outstanding application for registration, and such that the Tribunal has not made a finding of fact with respect to the Notice of Proposal dated December 10, 2012. The parties acknowledge and agree that the issues set out in the Notice of Proposal dated December 10, 2012 have not been litigated before the Tribunal.
4The Corporation, Andrew, James and Heather understand and acknowledge that should they breach their undertakings to not apply for registration in the 10 (ten) year period from the date of this Order, the Registrar may issue a Notice of Proposal to refuse their registrations for reasons that may include the reasons set out in the Notice of Proposal dated December 10, 2012 as well as reasons pertaining to their breach of their undertakings.
GENERAL
5Andrew, James, Heather and the Dealer hereby consent to an Order of the Licence Appeal Tribunal, which shall include the terms and conditions set out herein.
6Andrew, James, Heather and the Dealer 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.
7Andrew, James, Heather and the Dealer 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 2013.
Andrew J. Clarke (signature)
James A. Clarke (signature)
Heather R. Clarke (signature)
Clarke Chevrolet Buick GMC Ltd. (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
Registrar, Motor Vehicle Dealers Act, 2002