Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2014-08-21
FILE:
9008/MVDA
CASE NAME:
9008 v. Registrar, Motor Vehicle Dealers Act, 2002
An Appeal from a Notice of Order by the Registrar, Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch. B – dated June 25, 2014 to Cease False Advertising
2106074 Ontario Limited o/a Bank Street Mitsubishi
Appellant
-and-
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by 2106074 Ontario Limited o/a Bank Street Mitsubishi, 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: August 21, 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, Ontario M4H 1P1
AND FROM: 2106074 Ontario Limited
o/a Bank Street Mitsubishi
2565 Bank Street
Ottawa, ON K1T 1M8
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 2106074 Ontario Limited o/a Bank Street Mitsubishi (“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 based upon the following terms and conditions:
The Dealer and Registrar acknowledge and understand that the Dealer’s advertising would be subject to pre-approval from June 30, 2014 until July 30, 2014.
The Dealer agrees it will comply with section 36 of Ontario Regulation 333/08, as well as the Code of Ethics Regulation [Ont. Reg. 332/08], any publications by OMVIC relating to advertising, and the Standards of Business Practice, 2010, which may be amended from time to time.
The Dealer hereby consents to an Order of the Licence Appeal Tribunal, which shall include the terms and conditions set out herein.
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 honesty and integrity or financial position.
The Dealer acknowledges that it has obtained or has had the opportunity to obtain independent legal advice with respect to its informed consent to the terms and conditions set out herein.
Signed in the City of this day of 2014.
2106074 Ontario Limited (signature) Authorized Representative (Print Name)
o/a Bank Street Mitsubishi
I have the authority to bind the corporation.
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Carl Compton