Licence Appeal Tribunal
Appeal d'appel en Tribunal matière de permis
FILE: 8746/MVDA
CASE NAME: 8746 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 March 20, 2014 to Refuse Registration
Angelo Bartolotta Appellant
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
Upon the application to the Tribunal by Angelo Bartolotta, the Appellant, 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 Appellant 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: June 4, 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 65 Overlea Blvd., Suite 300 Toronto, Ontario M3C 1T5
AND FROM: Angelo Bartolotta c/o Expert Chevrolet Pontiac Buick GMC Ltd. 500 Highway 11, Highway East P.O. Box 850 Hearst ON P0L 1N0
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “Act”), ANGELO BARTOLOTTA (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:
The Registrant will comply with all requirements of the MVDA and Ontario Regulation 333/08, the Code of Ethics in Ontario Regulation 332/08, the Ontario Motor Vehicle Industry Council (“OMVIC”) Standards of Business Practice, 2010 and OMVIC Guidelines, as may be amended from time to time. The Registrant further agrees to read all correspondence and bulletins from OMVIC as released.
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 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.
The Registrant confirms that the particulars and circumstances of the findings of guilt, convictions and pending charges are substantially as disclosed to the Registrar.
The Registrant acknowledges that "trade" refers to buying, selling, leasing, advertising or exchanging an interest in a motor vehicle or negotiating or inducing or attempting to induce the buying, selling, leasing or exchanging of an interest in a motor vehicle as defined in the MVDA and pursuant to section 36 through to and including section 51 of Ontario Regulation 333/08; and is not limited to the signing of contracts. The Registrant further acknowledges that this includes attendance at auction on behalf of the Registrant and positions commonly referred to as Sales Manager, Finance and Insurance Manager, Branch Manager, Business Manager, General Manager or any individual who has supervisory authority over salespersons.
The Registrant will ensure that the registration will not be used to trade in motor vehicles where the Registrant knows, or ought to know, that trading motor vehicles will facilitate an illegal or unethical practice.
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 documents, information or 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.
The Registrant specifically acknowledges that he is responsible for personally completing and providing documents, information or statements to the Registrar now and in the future that are true to the Registrant's knowledge, and belief.
The Registrant will ensure that he is clear and truthful when dealing with customers including, but not limited to, when describing vehicle features, benefits, prices and in explaining products, programs and charges.
The Registrant will comply with the Code of Ethics and OMVIC’s Standards of Business Practices, as may be amended from time to time.
The Registrant will ensure that all trades in motor vehicles are completed in accordance with section 30 of the MVDA and pursuant to sections 39, 40, 41, 42 and 43 of Ontario Regulation 333/08 and section 4 of Ontario Regulation 332/08, where applicable.
The Registrant will disclose all material facts about the motor vehicles for purchase or lease to its customers. The Registrant further agrees that notwithstanding whether or not the Registrant considers a fact to be material, the Registrant will comply with the disclosure obligation. The Registrant further agrees to disclose all material facts on the Bill of Sale, in writing. The Registrant will ensure compliance with the disclosure obligation notwithstanding whether or not the vehicle has been branded through MTO. For greater certainty, a material fact is one that if disclosed could affect the decision of a reasonable person to purchase or lease the vehicle or affect the purchase price. In the case of damaged vehicles, the Registrant further agrees to disclose as much detail as possible regarding the nature and severity of the damage. The Registrant undertakes to research the history of all the motor vehicles under trade to ensure all material facts are disclosed.
The Registrant agrees not to represent any charges or fees on a Bill Sale as being required by law where the charges or fees are not required by law. For greater clarity, this includes charges or fees such as tax, registration fee or certification.
The Registrant will comply with all requests made by the Registrar in relation to any failure to comply with disclosure obligations. Further, where the Registrar considers any information to be a material fact, the Registrant will provide compensation to a purchaser concerning a motor vehicle under trade.
The Registrant will not act as a salesperson on behalf of any dealer other than the Registrant’s sponsoring dealer. The Registrant further agrees not to act as a salesperson on behalf of the dealership for which the Registrant is the legal or beneficial owner. The Registrant will inform the sponsoring dealer of these Terms and Conditions.
The Registrant will not be partner, shareholder, officer, director or controlling mind of a dealer.
The Registrant agrees to accept full responsibility for the quality of any repairs or alterations to a motor vehicle completed by the Registrant’s personnel, agents, assignees, affiliated repair facilities or anyone acting on behalf of the Registrant.
The Registrar may take further administrative action, including a proposal to suspend or revoke registration, arising from any matters that have occurred or may occur related to honesty and integrity, financial responsibility or compliance with these Terms and Conditions.
Independent legal advice has been obtained or the Registrant has had the opportunity to obtain independent legal advice respecting consent to the Terms and Conditions contained in this document.
Signed in the City of this day of 2014.
Angelo Bartolotta (signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Carl Compton Registrar