Licence Appeal Tribunal
FILE: 8992/MVDA
CASE NAME: 8992 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 July 10, 2014, to Revoke Registrations
Leading Edge Motor Cars Inc. and Darryn G. Wilbur Appellants
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
Upon the application to the Tribunal by Leading Edge Motor Cars Inc. and Darryn G. Wilbur, 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: November 6, 2014
SCHEDULE "A"
TO: Licence Appeal Tribunal 530 – 20 Dundas Street West Toronto, ON M5G 2C2
FROM: Registrar, Motor Vehicle Dealers Act, 2002 Ontario Motor Vehicle Industry Council 65 Overlea Blvd., Suite 300 Toronto, ON M4H 1P1
AND FROM: Leading Edge Motor Cars Inc. c/o Justin M. Jakubiak Fogler, Rubinoff LLP 77 King Street West Suite 3000, P.O. Box 95 Toronto, ON M5K 1G8
AND FROM: Darryn G. Wilbur c/o Justin M. Jakubiak Fogler, Rubinoff LLP 77 King Street West Suite 3000, P.O. Box 95 Toronto, ON M5K 1G8
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (“the Act”), Leading Edge Motor Cars Inc. (the “Dealer”), Darryn Wilbur (“Wilbur”) 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 and Wilbur agree to comply with all requirements of the Act 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. Wilbur further agrees to read all correspondence and bulletins from OMVIC as released.
The Dealer and Wilbur agree not to 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 Act.
Wilbur agrees to immediately enroll in the Ontario Motor Vehicle Industry Council's Automotive Certification Course (“Certification Course”) and to be responsible for all fees in relation to enrolment. Wilbur further agrees to pass the Certification Course within 120 days of the date of this Order.
DISCLOSURE
The Dealer and Wilbur agree to ensure that all trades in motor vehicles are completed in accordance with the Act 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 Dealer and Wilbur agree to disclose all material facts about the motor vehicles for purchase or lease to its customers. The Dealer and Wilbur further agree to disclose all material facts on the Bill of Sale, in writing. The Dealer and Wilbur 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 or affect the purchase price. In the case of damaged vehicles, the Dealer and Wilbur will use best efforts to disclose as much detail as possible regarding the nature and severity of the damage. The Dealer and Wilbur undertake to use reasonable efforts to research the history of all the motor vehicles under trade to ensure all material facts are disclosed.
The Dealer and Wilbur agree to take all reasonable steps to address and resolve any allegations regarding the quality of any repairs or alterations to a motor vehicle completed by the Dealer’s personnel, agent, assignees, affiliated repair facilities or anyone acting on behalf of the Dealer. Notwithstanding the foregoing, it is understood and agreed that the Dealer and Wilbur may dispute the validity of any and all claims after performing a reasonable review and analysis of such complaint.
ADVERTISING
- The Dealer and Wilbur agree to ensure that all advertisements placed by or on behalf of the Dealer will comply with section 36 of Ontario Regulation 333/08 as well as the Code of Ethics in Ontario Regulation 332/08, OMVIC Standards of Business Practice, 2010 and OMVIC Guidelines, as may be amended from time to time.
Continuing Disclosure Obligation
The Dealer and Wilbur agree to 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 Dealer and Wilbur confirm that the particulars and circumstances of the findings of guilt, convictions and pending charges are substantially as disclosed to the Registrar.
ACKNOWLEDGMENT AND UNDERTAKING:
The Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Dealer and Wilbur in support of their registrations.
The documents, information or statements provided to the Registrar are true to the best of the Dealer and Wilbur’s knowledge and belief; and full answer to all questions, inquiries and requests made by the Registrar in connection with the Dealer and Wilbur’s registration 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 Dealer and Wilbur have taken the time to carefully review these Terms and Conditions, and by signing and initialling, acknowledge that they understand their significance and agree to abide by them.
The Dealer and Wilbur hereby consent 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 Dealer and Wilbur have 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_.
Darryn Wilbur (signature)
Leading Edge Motor Cars Inc. “I have the authority to bind the corporation.”
Darryn Wilbur (signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Carl Compton Registrar