Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2015-12-10
FILE:
9166/MVDA
CASE NAME:
9166 v. Registrar, Motor Vehicle Dealers Act, 2002
An appeal from a Notice of Proposal by the Registrar, Motor Vehicle Dealers Act, 2002, to Revoke a Registration
Edward Edmonds
Appellant
-and-
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
ADJUDICATOR:
D. Gregory Flude, Vice-Chair
APPEARANCES:
For the Appellant:
J. Brandon O’Riordan, Counsel
For the Respondent:
Sarah Aouchiche, Counsel
Nicolle Pace, Paralegal
Heard in Toronto:
November 19 and 23, 2015
CONSENT ORDER
This is a hearing before the Licence Appeal Tribunal (the “Tribunal”) arising out of a Notice of Proposal issued by the Registrar, Motor Vehicle Dealers Act 2002 (the “Registrar” and the “Act” respectively.) The Notice of Proposal dated October 7, 2014 proposed to revoke the registration of Edward Edmonds (the “Appellant”), as a salesperson under the Act. On the second day of the hearing into this matter, the Parties settled all outstanding issues between them. On consent, the Tribunal orders the Registrar not to carry out the Notice of Proposal dated October 7, 2014, with Further and Other Particulars dated October 30, 2015, to revoke the registration of the Appellant. The Tribunal orders the Registrar to renew the registration of the Appellant on the terms attached hereto as Schedule “A.”
LICENCE APPEAL TRIBUNAL
D. Gregory Flude, Vice-Chair
Released: December 10, 2015
SCHEDULE “A”
The registration of the Appellant, Edward Edmonds, is subject to the following conditions:
- For a period of two years from the date of the release of this Order, the Appellant:
a. Shall not have final signing authority on any transaction involving the sale, lease, or trade of a motor vehicle;
b. Shall not be an officer, director, partner or sole proprietor of a motor vehicle dealership; and
c. Shall not exercise direct or indirect control over a motor vehicle dealership.
- Within five business days of the event occurring, the Appellant shall:
a. Notify the Registrar and his sponsoring dealership, in writing, of any charges laid against him under any federal legislation or provincial legislation where the provincial charge falls under Part III of the Provincial Offences Act, R.S.O 1990, c. P. 33. and,
b. Notify the Registrar and his sponsoring dealership, in writing, of any orders or judgments or any proceedings in bankruptcy against him.
In all future applications for registration, the Appellant shall answer all questions on the application form completely and truthfully, even if he has previously disclosed such information in an earlier application.
The Appellant shall advise his current and all future employers of these conditions.
Signed in the City of _______________ on the ______ day of _____________20
Signature of the Appellant
Edward Edmonds
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002
Mary Jane South
Registrar, Motor Vehicle Dealers Act, 2002