Licence Appeal Tribunal
File: 8303/MVDA
Case Name: 8303 v. Registrar, Motor Vehicle Dealers Act, 2002
An Appeal from a Proposal of the Registrar under the Motor Vehicle Dealers Act 2002, S.O. 2002, c. 30, Sch B to Refuse Registration
Naser Heydarababi o/a Trust Auto Sales Applicant
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
ORDER
Adjudicator: Mary Ann Spencer, Member
Appearances:
For the Applicant: Alex Dologonos, Paralegal
For the Respondent: Angela La Viola, Counsel
Heard in Toronto: February 27, 2014
ORDER
This is a hearing before the Licence Appeal Tribunal (the "Tribunal") arising out of a Notice of Proposal issued by the Registrar, Motor Vehicle Dealers Act 2002 (the "Registrar" and the "Act" respectively). The Notice of Proposal dated August 1, 2013 proposed to refuse to grant the registration of Naser Heydarabadi o/a Trust Auto Sales (the "Applicant") as a motor vehicle dealer under the Act.
The hearing commenced on February 27, 2014 in the presence of Alex Dologonos, Paralegal, representing the Applicant, and Angela La Viola, Counsel, representing the Registrar. At the outset of the hearing, the parties advised the Tribunal that, subject to the review by the Tribunal, they had reached terms of settlement whereby Mr. Heydarabadi would withdraw the application for registration as a motor vehicle dealer and accept terms and conditions of registration as a salesperson. Mr. Dologonos noted for the record that the Applicant understood his rights to a hearing and waived that right.
Following the Tribunal's review of the draft terms, the parties executed their agreement and requested that a signed copy form part of the Tribunal's Order.
The Tribunal therefore makes the following Order:
- The proceedings in this matter are concluded and disposed of without a hearing on the basis of the terms set out in the attached Schedule "A", which are incorporated into and made part of this Order.
LICENCE APPEAL TRIBUNAL
Mary Ann Spencer Member
Released: March 5, 2014
Schedule "A"
TO: Licence Appeal Tribunal 20 Dundas Street West 5th Floor Toronto, ON M5G 2C2
FROM: The Registrar Motor Vehicle Dealer Act, 2002 Ontario Motor Vehicle Industry Council 789 Don Mills Road, Suite 800 Toronto, Ontario M3C 1T5
AND FROM: Naser Heydarabadi o/a Trust Auto Sales 4801 Keele Street Unit 54 Toronto, ON M3J 3A4
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 ("the Act") Naser Heydarabadi ("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 ("the Tribunal").
The Applicant hereby agrees on behalf of TRUST AUTO SALES to resolve the Proposal to Refuse registration by withdrawing the application for registration for TRUST AUTO SALES.
The Applicant and the Registrar hereby consent to the following Terms and Conditions of registration as a salesperson:
The Applicant acknowledges and undertakes not be an officer, director, manager, owner, partner or have direct or indirect control of a dealership and such condition as set out herein will be in force and effect for a period of two registration cycles as prescribed by the Regulations, that being the period commencing February 27, 2014 through to and including February 27, 2018.
The Applicant acknowledges and undertakes to trade in vehicles only on behalf of motor vehicle dealers approved by the Registrar.
The Applicant acknowledges and undertakes not to be involved in the financial management or arranging financing for any motor vehicle dealership.
The Applicant acknowledges and undertakes to provide full and complete disclosure on all future applications and discussions with the Registrar, regardless of whether disclosure has been previously provided to the Registrar.
The Applicant acknowledges that the Registrar is relying on the accuracy of all documents, statements or information provided by the Applicant in support of his 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 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 Applicant acknowledges and undertakes to ensure that full disclosure IN WRITING of all material facts upon the sale of a motor vehicle is effected to customers and to motor vehicle dealers as may be given and shall make the disclosure at such time as may be given. Such disclosure shall be in accordance with section 42 of Ontario Regulation 333/08.
The Applicant shall notify the Registrar within 5 days of any and all statements of claim, court orders or judgments registered against the Applicant.
The Applicant acknowledges and undertakes to ensure that all outstanding debts against the Applicant are paid, when due.
The Applicant acknowledges and undertakes to immediately enrolling; and attending in person, the Ontario Motor Vehicle Industry Council Certification Course in Automotive Law and Ethics. The Applicant acknowledges and undertakes to be responsible for all fees in relation to enrolment; and provide proof of successful completion within six months (180 days) of the date of the Tribunal's Order.
The Applicant hereby consents to an Order of the Tribunal, which include the Terms and Conditions.
The Applicant acknowledges and undertakes to provide a copy of this Order to his employer and or future employers forthwith.
The Applicant 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 as set out herein.
Signed in the City of ___________________ this 27th day of February, 2014.
NASER HEYDARABADI
Salesperson (Signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Signed in the City of ___________________ this 27th day of February, 2014.
Carl Compton Registrar