Licence Tribunal
Appeal d'appel en Tribunal matière de permis
DATE:
2014-10-08
FILE:
9038/MVDA
CASE NAME:
9038 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 August 11, 2014 to Refuse Registration
Naresh Mandavia
Appellant
-and-
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by Naresh Mandavia, 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: October 8, 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: Naresh Mandavia <Address redacted>
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002, NARESH MANDAVIA (“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 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 Appellant further agrees to read all correspondence and bulletins from OMVIC as released.
The Appellant will not be partner, shareholder, officer, director or controlling mind of a dealer without the Registrar’s consent. The Registrar shall not withhold his consent unreasonably.
The Appellant will provide the Registrar with notice in writing, within five days, of any substantive changes to the information provided in obtaining his registration, pursuant to section 31 of Ontario Regulation 333/08.
Pursuant to section 31(1) of Ontario Regulation 333/08, the Appellant will provide, within five (5) days, notice in writing to the Registrar of any findings of guilt, convictions and/or pending charges in the future.
The Appellant will ensure that the notification referred to in paragraph 3 above will be acknowledged by, and will bear, the signature of the sponsoring Dealer.
The Appellant will provide the Registrar with full and complete disclosure of any past findings of guilt, convictions or charges under any law if this information is asked for by the Registrar, regardless of whether or not disclosure has been made previously to the Registrar.
The Appellant confirms that the particulars and circumstances of any findings of guilt, convictions and pending or past charges, under any law, are substantially as have been disclosed to the Registrar.
The Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Registrant in support of the Appellant’s application for registration.
The Appellant acknowledges that 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 _________________ 20_.
_
Signature of Appellant
Naresh MANDAVIA
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002
Date:_____________________
Carl Compton