Licence Appeal Tribunal
Appeal d'appel en Tribunal matière de permis
FILE: 8674/MVDA
CASE NAME: 8674 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 February 24, 2014 to Refuse Registration
Gjergji Nasto o/a George Auto Appellant
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by Gjergji Nasto o/a George Auto, 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
Gary Yee, Associate Chair
RELEASED: August 13, 2014
SCHEDULE "A"
TO: Licence Appeal Tribunal 530 - 20 Dundas Street West Toronto, ON M5G 2C2
FROM: The Registrar, Motor Vehicle Dealers Act, 2002 Ontario Motor Vehicle Industry Council 65 Overlea Blvd., Suite 300 Toronto, ON M4H 1P1
AND FROM: Gjergji Nasto o/a George Auto
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 GJERGJI NASTO o/a GEROGE AUTO (“the Appellant”) 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 Appellant acknowledges that his registration as a motor vehicle dealer will be restricted to the ‘wholesaler’ class of motor vehicle dealer, as defined by section 21 of Ontario Regulation 333/08.
The Appellant will not apply to be registered, nor will he be granted registration, in another class of motor vehicle dealer for a period of at least two years from the date of this Order.
The Appellant 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 and where applicable to the wholesaler class of registration. The Appellant further agrees to read all correspondence and bulletins from OMVIC as released.
The Appellant will provide the Registrar with notice in writing, within five days, of any substantive changes to their business plan or information provided in obtaining their registration, pursuant to section 31 of Ontario Regulation 333/08.
The Appellant will provide the Registrar with notice in writing, within five days, of any change in the officers or directors of the corporation, pursuant to section 24 of the MVDA. The Appellant further agrees to notify the Registrar of any change in partners or owner, person(s) in charge, and signing authority for the dealership. The Appellant further agrees not to effect such changes without first obtaining the Registrar’s prior approval, in writing.
The Appellant 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 Appellant further acknowledges that this includes attendance at auction on behalf of the Appellant 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 Appellant will ensure that all personnel, agents, assignees or anyone acting on behalf of the Appellant are informed of the Terms and Conditions contained in this document to the extent necessary to ensure compliance with these Terms and Conditions.
The Appellant will ensure that all personnel, agents, assignees or anyone acting on behalf of the Appellant to trade motor vehicles will be registered as a salesperson to the Appellant.
The Appellant will not conduct business with any person acting as a motor vehicle dealer and trading in motor vehicles without first confirming that the person is registered as a motor vehicle dealer in accordance with the MVDA.
Premises
The Appellant will operate exclusively from the location approved by the Registrar and will not invite the public to trade at the approved location.
The Appellant will provide the Registrar with notice in writing, within five days, of any change in the location. The Appellant further agrees not to effect such changes without first obtaining the Registrar’s prior approval, in writing.
Books and Records
The Appellant will maintain all books and records at the Appellant’s registered premises in accordance with the MVDA and pursuant to section 52 through to and including section 60 of Ontario Regulation 333/08.
The Appellant will not purchase a vehicle without first ensuring that the vehicle is registered to the seller in the records of the Ontario Ministry of Transportation (“MTO”).
The Appellant will ensure that all vehicles purchased will be registered within 6 days in accordance with section 11 of the Highway Traffic Act (“HTA”).
The Appellant will undertake to ensure that all vehicles sold will be registered in the name of the purchaser in the records of the MTO before releasing the vehicle to the purchaser.
The Appellant will undertake that in the event their books and records are lost, stolen or destroyed in whole or in part, the Registrar will be advised, in writing, within 5 days of the event pursuant to section 55 of Ontario Regulation 333/08; and will include all relevant documentation. The documentation will include, but is not limited to, police reports, insurance claims and affidavits. The Appellant further agrees to make all reasonable efforts to reconstitute the lost, stolen or damaged records.
The Appellant will obtain a receipt prior to the removal of any records by a government or professional agency; or any other person or entity, from the registered premise. Such receipt will include the recipient's name, address, telephone number, description of records taken, the time of return and signature of recipient. The Appellant undertakes to provide the receipt to OMVIC when requested by the Registrar.
Disclosure
The Appellant 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 Appellant will disclose all material facts about the motor vehicles for purchase or lease to its customers. The Appellant further agrees that notwithstanding whether or not the Appellant considers a fact to be material, the Appellant will comply with the disclosure obligation. The Appellant further agrees to disclose all material facts on the Bill of Sale, in writing. The Appellant 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. In the case of damaged vehicles, the Appellant further agrees to disclose as much detail as possible regarding the nature and severity of the damage. The Appellant undertakes to research the history of all the motor vehicles under trade to ensure all material facts are disclosed.
The Appellant 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 Appellant 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 Appellant will provide compensation to a purchaser concerning a motor vehicle under trade.
The Appellant agrees to accept full responsibility for the quality of any repairs or alterations to a motor vehicle completed by the Appellant’s personnel, agents, assignees, affiliated repair facilities or anyone acting on behalf of the Appellant.
Financial Responsibility
The Appellant agrees not to receive any new sources of financing without the prior approval of the Registrar. This does not apply where the Appellant has applied on his own account and has obtained financing from a corporation registered under the Loan and Trust Corporations Act, The Bank Act or from a credit union or league to which the Credit Unions and Caisses Popularies Act, as may be amended from time to time.
The Appellant will maintain bank accounts that are compliant with section 59 of Ontario Regulation 333/08.
The Appellant will ensure that bank account transactions relate exclusively to the operation or financing of the business. The Appellant agrees to notify the Registrar of any change in any business banking accounts.
ACKNOWLEDGMENT AND UNDERTAKING
The Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Appellant in support of the Appellant’s application for registration.
The documents, information or statements provided to the Registrar are true to the best of the Appellant’s knowledge, and belief; and that full answer to all questions, inquiries and requests made by the Registrar in connection with the Appellant’s application have been given.
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 Appellant 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.
Gjergji Nasto (Signature)
I have authority to bind the dealer.
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date: , 2014.
Carl Compton