Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
2013-11-08
FILE:
8247/MVDA
CASE NAME:
8247 v. Registrar, Motor Vehicle Dealers Act, 2002
Appeal from a Proposal of the Registrar under The Motor Vehicle Dealers Act, 2002 S.O. 2002, C. 30, Sch. B to Refuse a Registration
Benndexx Enterprises Ltd.
o/a Jervis Truck & RV Sales
Applicant
-and-
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
ORDER
ADJUDICATOR:
D. Gregory Flude, Vice-Chair
APPEARANCES:
For the Applicant:
C. Anik Morrow, Counsel
For the Respondent:
Angela La Viola, Counsel
Heard in Toronto:
October 30, 2013
CONSENT ORDER
The Parties, Benndexx Enterprises Ltd. o/a Jervis Truck & RV Sales and the Registrar, Motor Vehicle Dealers Act, 2002, having settled all of the outstanding issues between them, seek an order disposing of this proceeding without a hearing pursuant to the provisions of s 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, chap. S.22
The terms of the settlement are appended hereto as Schedule A and are incorporated into and made part of this order. The proceeding is now concluded and the Tribunal shall close its file.
LICENCE APPEAL TRIBUNAL
D. Gregory Flude, Vice-Chair
Released: November 8, 2013
SCHEDULE A
TO: Licence Appeal Tribunal
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, ON M3C 1T5
AND FROM: BENNDEXX ENTERPRISES LTD. o/a JERVIS TRUCK & RV SALES
41961C Huron Road, RR #2
Seaforth, ON N0K 1W0
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002, (the "MVDA"), the parties to the proceeding, BENNDEXX ENTERPRISES LTD. o/a JERVIS TRUCK & RV SALES (collectively referred to as the "Dealer"); 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 ("the Tribunal") based upon the following Terms and Conditions:
The Dealer acknowledges that as a Motor Vehicle Dealer he is bound by legislation and the codes of conduct of a regulating body. He has reviewed the Motor Vehicle Dealers Act, 2002 (MVDA) and Ontario Regulations 333/08, and the Code of Ethics and Operation of Committees, Ontario Regulation 332/08. The Dealer has also reviewed related legislation such as the Highway Traffic Act, and the Consumer Protection Act, 2002. The Dealer has reviewed the Ontario Motor Vehicle Industry Council (OMVIC) Standards of Business Practice, 2010 and the OMVIC guidelines that the Dealer acknowledges may be amended from time to time. The Dealer acknowledges the online presence of OMVIC and has reviewed the information and forms available at its web site. Finally, the Dealer agrees to read all correspondence and bulletins from OMVIC as released.
The Dealer acknowledges the scope of activity and proper business conduct for a Dealer as defined by the MVDA and of salespersons as registered with OMVIC and employed by him. The Dealer acknowledges that as a Dealer he is required to maintain records for the Dealership in a manner described by the MVDA and its regulations and that these record keeping obligations relate to the purchase, sale, leasing and trade in vehicles, as well as to the purchase and use of vehicle parts.
The Dealer acknowledges that he is required to maintain a record of every motor vehicle that comes into the Dealer's possession for the purpose of a trade in the vehicle. For further clarification, the Dealer acknowledges that he is to maintain a record, when the Dealer causes work to be done on the vehicle, including any repair or reconditioning, of the full and accurate particulars of the work, the sources of any parts used for the work, the cost of the work and the name of the person doing the work. The Dealer will exercise reasonable measures to, and be duly diligent in identifying the source of any parts used.
The Dealer intends to comply with the letter and the spirit of the law as it applies to his conduct as a registered Dealer.
Limitations with Respect to Dave Jervis
The Dealer will not involve Dave Jervis in the operation of Jervis Truck & RV Sales. This includes any management, administrative, supervisory, or customer service activities by Jervis Truck & RV Sales conducted at 41961B and C, RR#2 Seaforth, Ontario, or in the community.
The Dealer will not permit Dave Jervis, any business owned by him or for which he is the directing mind, or any business with which he is associated, to conduct business from or maintain an office or a business presence at 41961B and C, RR#2 Seaforth, Ontario. The Dealer will not permit Dave Jervis to advertise his services, or those of any business owned by him or for which is the directing mind, or any business with which he is associated, at 41961B and C, RR #2 Seaforth, Ontario.
The Dealer will not permit Dave Jervis to store any business related or personal items on the property of 41961B and C, RR#2 Seaforth, Ontario.
The Dealer agrees to provide the Registrar with written notice of any financing by Dave Jervis for Jervis Truck & RV Sales within 10 days of having arranged for, or received, the financing, whichever comes first.
The Dealer understands that the Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Dealer in support of the Dealer's application for registration or renewal of registration. The Dealer confirms that all documents, statements or information provided to the Registrar are true to the best of the Dealer's knowledge and belief and that the Dealer has given full answers to all questions and requests made by the Registrar in relation to the Dealer's application.
The Dealer 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 financial responsibility; honesty and integrity; or false statements in an application for registration or renewal of registration.
The Dealer acknowledges that independent legal advice has been obtained or the Dealer has had the opportunity to obtain independent legal advice with respect to consent to the Terms and Conditions.
The Dealer hereby consents to an Order of the Licence Appeal Tribunal, including the Terms and Conditions as set out herein.
Signed in the City of this day of 2013.
Scott Jervis (signature)
BENNDEXX ENTERPRISES LTD.
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Carl Compton