Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2015-07-16
FILE:
9422/MVDA
CASE NAME:
9422 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 17, 2015, to Refuse Registration
Brian Kevin McKeigue
Appellant
-and-
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by Brian Kevin McKeigue, 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 16, 2015
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: Brian Kevin McKeigue
c/o Justin Jakubiak
Fogler, Rubinoff LLP
Lawyers
77 King Street West
Suite 3000, P.O. Box 95
TD Centre, North Tower
Toronto ON M5K 1G8
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (“the Act”), Brian Kevin McKeigue (the “Applicant”) 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 Applicant agrees not to apply to be a dealer for a period of two years from the date of this Order.
The Applicant agrees to work only for a franchise dealer for a period of two years from the date of this Order.
The Applicant 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 a period of two years from the date of this Order.
The Applicant will not be the final signatory on any sales or lease contracts on behalf of a dealer for a period of two years from the date of this Order.
The Applicant will not transfer his registration as a salesperson under the Act to another registrant without having first obtained prior written consent of the Registrar, which consent shall not be unreasonably withheld.
BANKRUPTCY – DISCHARGED
The Applicant will provide the Registrar with notice in writing, within five days, of any future judgments or bankruptcy proceedings involving the Applicant.
The Applicant agrees to pay any future outstanding judgments or court orders, if not appealed by the Applicant (or if such appeal is unsuccessful), without delay.
ACKNOWLEDGMENT AND UNDERTAKING:
The Applicant acknowledges that he has entered into a separate Agreed Statement of Facts, 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 Applicant in support of his registration.
The documents, information or statements provided to the Registrar by the Applicant are true to the best of the Applicant’s knowledge and belief; and full answer to all questions, inquiries and requests made by the Registrar in connection with the Applicant’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 Applicant 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 Applicant 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_.
Brian Kevin McKeigue (signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Mary Jane South