Licence Appeal Tribunal / Tribunal d'appel en matière de permis
FILE: 8632/MVDA
CASE NAME: 8632 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 February 6, 2014 to Refuse Registration
Enrico Campli Appellant
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
Upon the application to the Tribunal by Enrico Campli, 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
Patricia McQuaid, Vice-Chair
RELEASED: July 13, 2015
SCHEDULE "A"
TO: The Registrar Motor Vehicle Dealers Act, 2002 Ontario Motor Vehicle Industry Council 65 Overlea Blvd., Suite 300 Toronto, Ontario M4H 1P1
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “Act”), ENRICO CAMPLI (the “Registrant”), hereby consents to the following terms and conditions attached to his registration ("Terms and Conditions of Registration") as a motor vehicle salesperson.
The Registrant agrees not to be a partner, shareholder, officer, director, manager, person-in-charge, dealer administrator or have direct or indirect control of a dealership for two (2) years from the date of entering into these Terms and Conditions of Registration.
The Registrant agrees not to be the final signatory on any sales or lease contracts on behalf of the dealer for two (2) years from the date of entering into these Terms and Conditions of Registration.
The Registrant agrees not to apply to be a dealer for at least two years of the date of entering into these Terms and Conditions of Registration.
The Registrant agrees not to act as a salesperson on behalf of a dealership for which the Registrant is the legal or beneficial owner.
The Registrant will not transfer his registration as a salesperson under the MVDA to another registered dealership without having first obtained prior written consent of the Registrar, which consent shall not be unreasonably withheld.
The Registrant will ensure that all trades in motor vehicles are completed in accordance with section 30 of the MVDA 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 Registrant acknowledges that "trade" refers to buying, selling, leasing, advertising or exchanging an interest in a motor vehicle or negotiating or inducing or attempting to induce the buying, selling, leasing or exchanging of an interest in a motor vehicle as defined in the MVDA and pursuant to section 36 through to and including section 51 of Ontario Regulation 333/08; and is not limited to the signing of contracts. The Registrant further acknowledges that this includes attendance at auction on behalf of the Registrant and positions commonly referred to as Sales Manager, Finance and Insurance Manager, Branch Manager, Business Manager, General Manager or any individual who has supervisory authority over salespersons.
The Registrant will ensure that the registration will not be used to trade in motor vehicles where the Registrant knows, or ought to know, that trading motor vehicles will facilitate an illegal or unethical practice.
The Registrant specifically acknowledges that he has a positive obligation to ensure that all liens have been discharged prior to trading a motor vehicle to a purchaser.
The Registrant acknowledges that there is an outstanding Retail Sales Tax Act debt ("RST Debt") owing further to his operation of Fido Auto Leasing and Sales Inc. The Registrant undertakes to discharge any lien and/or security interest registered by the Minister of Revenue, Collections branch against any of Fido Auto Leasing & Sales Inc.'s inventory in connection with such RST Debt. The Registrant therefore undertakes to pay in full the outstanding balance of the RST Debt owing to Ministry of Finance by no later than March 1, 2016 by way of monthly payments. The Registrant agrees to provide the Registrar with documentary proof that the RST Debt has been paid in full by no later than end of business day on March 15, 2016.
In the event that the Motor Vehicle Dealers Compensation Fund (hereinafter, “the Fund”) makes any payment respecting any claim made against the Registrant and/or Fido Auto Leasing and Sales Inc., the Registrant shall repay the Fund in full within 120 days of receiving notice of such payment. In the event that the Registrant is unable to repay the Fund within 120 days, he shall provide notice to the Fund within the first 30 days of the 120 day period, and shall make the necessary arrangements to reimburse the Fund.
Notwithstanding paragraph 11 herein, the Registrant acknowledges that he is personally indebted to the Fund in the amount of $41,000 (CAD). The Registrant agrees to repay this debt through twenty-six (26) post-dated cheques in the amount of $1,500 (CAD) (one-thousand five hundred dollars), together with a final cheque in the amount of $500 (five-hundred dollars). Each cheque will be made payable monthly to the Motor Vehicle Dealers Compensation Fund commencing April 1, 2016. These cheques will be delivered to the Registrar’s office by no later than July 31, 2015.
In the event that any cheque identified in paragraph 12 herein is dishonoured or otherwise returned for non-sufficient funds, the Appellant shall deliver a replacement cheque by way of certified funds or bank draft within five (5) days written notice from the Registrar’s office.
The Registrant will comply with all requirements of the MVDA 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. The Registrant further agrees to read all correspondence and bulletins from OMVIC as released.
The Registrant agrees to provide full and complete disclosure on all future applications and discussions with the Registrar regardless of whether or not disclosure has been made previously to the Registrar.
Registrant will provide the Registrar with notice in writing, within five (5) days, of any judgments or bankruptcy proceedings involving the Registrant and/or Fido Auto Leasing and Sales Inc.
The Registrant shall notify his existing employer, or any future employer, of these Terms and Conditions of Registration. The Registrant will provide the Registrar’s office with an acknowledgement signed by the person in charge of these Terms and Conditions within five days of execution of this document, and in the future within five days of change of employment.
The Registrant understands that the Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Registrant in support of the Registrant’s application for registration. These include, but are not limited to, disclosure of all existing outstanding judgments, collections and/or court orders. The Registrant confirms that all documents, information or statements provided to the Registrar are true to the best of the Registrant's knowledge and belief and that the Registrant has given full answers to all questions and requests made by the Registrar in connection with the Registrant’s application.
The Registrant acknowledges that the Registrar may take further administrative action, including a proposal to revoke his registration, arising from any matters that have occurred, or may occur, related to honesty and integrity or financial position.
The Registrant acknowledges that he has obtained independent legal advice with respect to its consent to the Terms and Conditions set out herein.
Signed in the City of this day of 2015.
Enrico Campli (signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Mary Jane South Registrar