Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2015-04-08
FILE:
9378/MVDA
CASE NAME:
9378 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 January 28, 2015 to Refuse Registration
Robert Iozzo
Appellant
-and-
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by Robert Iozzo, 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 the 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: April 8, 2015
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: Robert Iozzo
c/o Justin Jakubiak
Fogler, Rubinoff LLP
77 King Street West, Suite 3000
Toronto, ON M5K 1G8
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “MVDA”), Robert Iozzo (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, Ontario Regulation 333/08, and the Code of Ethics in Ontario Regulation 332/08, as amended from time to time.
The Appellant will not be partner, shareholder, officer, director, controlling mind or person-in-charge of a dealer without the Registrar’s written consent. The Registrar shall not withhold her consent unreasonably. It is understood that the Appellant will hold the position of Sales Manager with his sponsoring Dealer.
The Appellant will provide the Registrar with notice in writing, within five (5) days, of any substantive changes to the information provided in obtaining his registration.
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 under any law, with the exception of those commenced or prosecuted under Part I or Part II of the Provincial Offences Act.
The Appellant will provide, within five (5) days, written confirmation, and copies of all supporting documents, should he file or be petitioned into bankruptcy or a consumer proposal or be the subject of a court order or judgment.
The Appellant will ensure that the notification referred to in paragraphs 5 and 6 (sic) 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 Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Appellant 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.
The Terms and Conditions contained in this document shall be in force for a period of three (3) years from the date of the Order of the Licence Appeal Tribunal.
The Appellant will ensure that the sponsoring Dealer is informed of the Terms and Conditions contained in this document, and shall provide the Registrar with proof thereof within five (5) days of the date of the Order of the Licence Appeal Tribunal.
If the Appellant’s registration is transferred to another, or additional, Dealer, he will ensure that the new Dealer is informed of the Terms and Conditions contained in this document, and shall provide the Registrar with proof thereof within five (5) days of the transfer.
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 Markham this 31st day of March, 2015.
Signature of Appellant
Robert Iozzo
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002
Date: April 1, 2015
Mary Jane South, Registrar