Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2014-01-22
FILE:
8378/MVDA
CASE NAME:
8378 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 Registration
Ahmad Ramadan
Applicant
-and-
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by Ahmad Ramadan, 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
Patricia McQuaid, Vice Chair
Released: January 22, 2014
SCHEDULE "A"
TO: Licence Appeal Tribunal
530 - 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, Ontario M3C 1T5
AND FROM: Ahmad Ramadan c/o Yack & Associates, Barristers & Solicitors
608-1120 Finch Avenue West
Toronto, ON M3J 3H7
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “Act”), AHMAD RAMADAN (the “Registrant”), 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:
Registration
The Registrant agrees not to be a partner, shareholder, officer, director, have direct or indirect control of a dealership or have signing authority on any bank account relating to the operation of a dealership.
The Registrant agrees that he will not provide any financing, or otherwise invest, in any dealership.
The Registrant agrees not to be a final signatory on any sales or lease contracts on behalf of the dealer.
The Registrant will provide the sponsoring Dealer with notice in writing of any findings of guilt, convictions and pending charges in the future. The Registrant will provide the Registrar with a copy of the notification acknowledged by the signature of the sponsoring Dealer. The required notification will be provided to the Registrar within 5 days of the finding of guilt, conviction or charge.
The Registrant will provide the Registrar with full and complete disclosure in all future correspondence and on all future applications, regardless of whether or not disclosure has been made previously to the Registrar.
ACKNOWLEDGMENT AND UNDERTAKING:
The Registrant understands that the Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Registrant in support of the Registrant’s application for registration.
The Registrant confirms that all documents, information and statements provided to the Registrar are true to the best of the Registrant's knowledge and belief; and that full answer to all questions, inquiries and requests made by the Registrar in connection with the Registrant’s application have been given. Without limiting the generality of the foregoing, the Registrant specifically acknowledges all prior mortgage applications submitted by him or on his behalf do not:
a) Misrepresent his employment status, functions or position at Signature Motor Cars;
b) Contain any confirmation of employment, including pay stubs or otherwise, with Signature Motor Cars.
The Registrant 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, relating to honesty, integrity or financial position.
The Registrant acknowledges that it has obtained, or has had the opportunity to obtain, independent legal advice with respect to its consent on the Terms and Conditions set out herein.
Signed in the City of this day of 2014.
Ahmad Ramadan (signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Carl Compton