Licence Appeal Tribunal
Appeal in matter of Tribunal
FILE: 8834/MVDA
CASE NAME: 8834 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 May 12, 2014 to Revoke Registrations
Thifault Enterprises Inc. o/a Auto Town Louis Thifault Appellants
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
Upon the application to the Tribunal by Thifault Enterprises Inc. o/a Auto Town and Louis Thifault, the Appellants, 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 Appellants 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: September 25, 2014
SCHEDULE "A"
TO: Licence Appeal Tribunal 20 Dundas Street West, 5th Floor Toronto, ON M5G 2C2
FROM: Registrar, Motor Vehicle Dealers Act, 2002 Ontario Motor Vehicle Industry Council 65 Overlea Blvd., Suite 300 Toronto, Ontario M4H 1P1
AND FROM: Thifault Enterprises Inc. o/a Auto Town 925 Queensdale Avenue East Hamilton, ON L8V 1N5
AND FROM: Louis Thifault c/o 1562651 Ontario Ltd. o/a Oakville Superstore 1450 Spears Road Oakville, ON L6L 2X6
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (“the Act”), Thifault Enterprises Inc. o/a Auto Town (the “Dealer”), Louis Thifault (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:
GENERAL
The Dealer, Thifault Enterprises Inc. o/a Auto Town, agrees that the Notice of Proposal to Refuse Registration dated May 12, 2014 will be carried out against it.
The Registrant, Louis Thifault, will maintain his registration as a motor vehicle salesperson, currently employed with 1562651 Ontario Ltd. o/a Oakville Superstore.
The Registrant agrees not to apply to be a motor vehicle dealer for a period of five (5) years or until such time as his outstanding Retail Sales Tax account is paid in full—whichever is later.
The Registrant will not to be a partner, shareholder, officer, director, controlling mind, signing authority or involved with the financial management of a dealer for a period of two (2) years.
The Registrant will not transfer the registration as a salesperson under the Act another registrant without having first obtained prior written consent of the Registrar.
FINANCIAL RESPONSIBILITY
The Registrant agrees to pay any outstanding judgments or court orders against the Registrant without delay.
The Registrant has 90-days to enter a repayment arrangement on behalf of the Dealer for repayment of the Retail Sales Tax arrears and will ensure that the Dealer complies with the repayment arrangements entered into and agreed upon with the Ministry of Revenue.
The Registrant further agrees that should changes be made to the agreement between the Ministry of Revenue and the Dealer, a copy of the new written agreement shall be provided to the Registrar forthwith.
The Registrant agrees that if any claim is made to, and paid by, the Motor Vehicle Dealers Compensation Fund (“MVDCF”) against his former dealership, Thifault Enterprises Inc. o/a Auto Town, the Registrant shall pay or make arrangements to pay the MVDCF within 10-days of being notified that the MVDCP has approved the claim.
CRIMINAL RECORD
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 will advise the Registrar of the disposition of his current charge within five (5) days of disposition.
The Registrant will comply with any and all recognizances, dispositions and/or court orders are they relate to the outstanding charges.
CRIMINAL RECORD HISTORY REPORT
The Registrant will obtain a criminal record history report (the “Report”) and will provide the Registrar with the Report after having received it. The Registrant accepts full responsibility for providing the Report to OMVIC. The Registrar further confirms the Report will be a current report which is not dated more than 90 days.
Without limiting the generality of the foregoing, the Registrar acknowledges and understands the Report will be provided no later than 90 days after entering into these Terms and Conditions.
ACKNOWLEDGMENT AND UNDERTAKING:
The Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Registrant in support of his salesperson 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 full answer to all questions, inquiries and requests made by the Registrar in connection with the Registrant’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.
The Registrant has taken the time to carefully review these Terms and Conditions, and by signing and initialling, acknowledge that he understands their significance and agrees to abide by them.
The Registrant hereby consents to an Order of the Licence Appeal Tribunal, which shall include the Terms and Conditions set out herein.
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 _________________ 20_.
Louis Thifault (signature)
Thifault Enterprises Inc. o/a Auto Town
“I have the authority to bind the corporation.”
Louis Thifault (signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Carl Compton