Licence Appeal Tribunal
File: 9221/MVDA
Case Name: 9221 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 November 5, 2014 to Revoke Registration
Christopher Finlay Appellant
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
Upon the application to the Tribunal by Christopher Finlay, 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: June 12, 2015
SCHEDULE "A"
TO: Licence Appeal Tribunal 20 Dundas Street West, 5th Floor 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: Christopher Finlay
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “Act”), Christopher Finlay (the “Registrant”) and the Registrar, Motor Vehicle Dealers Act, 2002, 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 Registrant will provide his sponsoring Dealers with notice in writing of any findings of guilt, convictions and pending charges in the future within five (5) days of said. The Registrant will provide the Registrar with a copy of the notification acknowledged by the signature of the sponsoring Dealer.
The Registrant agrees to provide full and complete disclosure on all future applications and discussions with the Registrar, regardless of whether disclosure has been previously provided to the Registrar.
The Registrant agrees to comply with the terms of his Consumer Proposal, its attached Payment Schedule and all obligations of the Trustee. The Registrant will provide the Registrar with the Certificate of Full Performance of Consumer Proposal within five (5) days of completion. The Registrant will provide the Registrar with a copy of the notification acknowledged by the signature of the sponsoring Dealer.
The Registrant will provide the Registrar with notice in writing, within five (5) days, of any future statements of claim, judgments or bankruptcy proceedings involving the Registrant. The Registrant will provide the Registrar with a copy of the notification acknowledged by the signature of the sponsoring Dealer.
The Registrant agrees to satisfy all financial obligations when due, including any outstanding judgments, collections or court orders against the Registrant.
The Registrant agrees not to be a partner, shareholder, officer, director or have direct or indirect control of a dealership.
ACKNOWLEDGMENT AND UNDERTAKING:
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.
The documents, information or statements provided to the Registrar 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 application 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 shall, at all times, comply with the Registrar’s Standards of Business Practice, as may be amended from time to time.
The Registrant shall, at all times, comply with the Act and Ontario Regulations 333/08 and 332/08 prescribed under the Act.
The Registrant hereby consents to an Order of the Licence Appeal Tribunal, which includes the terms and conditions set out herein.
The Registrant acknowledges that he has taken the time to carefully review these terms and conditions, and, by signing this document, acknowledges that he understand their significance and agrees to abide by them.
The Registrant hereby acknowledges that he has obtained or has had the opportunity to obtain independent legal advice with respect to his consent to the terms and conditions set out in this document.
Signed in the City of this day of 2015.
Christopher Finlay (signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Mary Jane South Registrar