Licence Appeal Tribunal
FILE: 8421/MVDA
CASE NAME: David Lorne Foster 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 - to Revoke Registration
David Lorne Foster Appellant
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR: Simon Dann, Member
APPEARANCES:
For the Appellant: Lauren M. Angle, Counsel
For the Respondent: Michael Rusek, Counsel
Heard in St. Catharines: September 16, 2014
REASONS FOR DECISION AND ORDER
BACKGROUND
The Appellant appeals to this Tribunal from the Notice of Proposal of the Registrar under the Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch. B (the “Registrar” and the “Act” respectively) dated October 24, 2013, to revoke the registration of David Lorne Foster ("Foster” or “Appellant") as a motor vehicle salesperson under the Act.
The reasons provided in support of the proposal to revoke the Appellant's registration are that the Appellant provided incomplete or misleading statements in his 2008 application for registration, and in his 2010 and 2012 renewal applications. Specifically, the Appellant:
- failed to disclose and/or provided misleading information in his 2008 application regarding his employment history with CIBC;
- submitted a renewal application on May 10, 2010, in which he replied "No" to Question 5, Section B, of the application, which asked whether he had "...ever been found guilty or convicted of an offence under any law, or are there any charges pending...";
- subsequently pled guilty, on June 30, 2010, to the offence of “Theft over $5000”;
- submitted, on May 14, 2012, a renewal application in which he answered "Yes" to the questions of (a) whether he had ever been found guilty or convicted of any offence under any law, and (b) whether he had disclosed all pending charges or convictions on previous applications (he had answered “No” to any pending charges in May 2010).
As a preliminary matter, the Appellant's Counsel, Ms. Angle, requested an adjournment for the reason that she had not received a witness list, and any indications of their testimony, in advance of the hearing.
The Registrar's Counsel, Mr. Rusek, replied there would only be one witness for the Registrar, in addition to his client and noted that all the material to be presented was contained in the already disclosed Respondent's Books of Documents (Exhibits 3, 4, 5).
The Tribunal denied the adjournment request given that the evidence to be presented by the Registrar was contained in the disclosure materials.
In his opening statement, Mr. Rusek stated that the Registrar has based the proposal to revoke on the grounds that the Appellant misrepresented his criminal conduct for some years and failed to properly account for his employment history.
Mr. Rusek stated that the criminal conduct at the heart of the matter is Foster's theft of cash from the CIBC and he would present a witness from Niagara Regional Police Service ("NRPS") to provide evidence.
In her opening statement, Ms. Angle suggested the issue is whether the Appellant's registration should be revoked for misrepresentation and a failure to provide employment history. She acknowledged that the Appellant had an addiction and made a mistake. He also took steps to make amends and accepted full responsibility. He attended addiction counselling and made full restitution.
Ms. Angle questioned whether the Appellant should have his career taken away as he is an honest and trustworthy individual who made a mistake and never had a prior problem with law. He does not want to downplay his offence and submits that the criminal justice system has made him pay an adequate price. She stated that while it may be appropriate to attach terms, it is not a situation which calls for complete revocation.
EVIDENCE
The Registrar's Evidence
Tracy McCabe is a retired