Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2014-11-26
FILE:
8463/MVDA
CASE NAME:
8463 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 October 3, 2013, to Revoke Registration
Gary D. Smith
Appellants
-and-
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by Gary D. Smith, 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
Gary Yee, Associate-Chair
Released: November 26, 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, Ontario M4H 1P1
AND FROM: Gary D. Smith
c/o Mathew H. Hilbing
Strike Furlong Ford
Barristers and Solicitors
50 Richmond Street East, Suite 104
P.O. Box 486
Oshawa, ON L1H 7L5
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (“the Act”), Gary D. Smith (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 Registrant also agrees not to be a partner, shareholder, officer, director, person-in-charge or controlling mind of a dealer for six years and further not to apply as such until his indebtedness to the Motor Vehicle Dealers Compensation Fund is repaid in full.
The Registrant will not be the final signatory on any sales or lease contracts on behalf of the dealer for a period of three years from the date of release of this Order.
The Registrant will not transfer his registration as a salesperson under the Act to another registrant without having first obtained prior written consent of the Registrar.
MOTOR VEHICLE DEALERS COMPENSATION FUND
The Registrant agrees that he is currently indebted to the Motor Vehicle Dealers Compensation Fund (the “Compensation Fund”) for three claims totaling, as of the date of this Order, $24,109.06.
The Registrant agrees to pay the Compensation Fund the total amount as of the date of this Order, of $24,109.06 according the following payment schedule:
i. The Registrant agrees to pay $1,109.06 within 30 days of the date of release of this Order.
ii. The Registrant agrees to pay the remaining $23,000.00 in equal monthly instalments of $500 per month over the following 46 months commencing 60 days from the date of release of this Order.
iii. The Registrant agrees that these instalments will be paid with post-dated cheques dated the first of each month in the amount of $500 per month. The cheques are to be made payable to the Motor Vehicle Dealers Compensation Fund.
- The Registrant acknowledges that he will be responsible for any future claims and payouts made by the Compensation Fund resulting from complaints against him. The Registrant agrees that a new repayment arrangement may be determined at that time if there are future payouts.
AUTOMOTIVE CERTIFICATION COURSE
- The Registrant agrees to enroll in and successfully complete the OMVIC certification course within 90 days of acceptance of the date of this Order. The Registrant agrees to incur all costs associated with this.
ACKNOWLEDGMENT AND UNDERTAKING:
The Registrant acknowledges that he has entered into a separate Minutes of Agreement in conjunction with an Undertaking, also in resolution of this matter, which come into force and effect on the date of this Order.
The Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Registrant in support of his registration.
The documents, information or statements provided to the Registrar by the Registrant are true to the best of the Registrant’s knowledge and belief; and that full answer to all questions, inquiries and requests made by the Registrar in connection with the Registrant’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 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.
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_.
Gary D. Smith (signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Carl Compton