Licence Appeal Tribunal
Appeal d'appel en matière de permis Tribunal
FILE: 9212/MVDA
CASE NAME: 9212 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 – to Refuse and Revoke Registrations
2246602 Ontario Inc. o/a Dagher AutoSales, Roy Dagher and Monzer Sinno Appellants
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
Upon the application to the Tribunal by 2246602 Ontario Inc. o/a Dagher AutoSales, and Roy Dagher, two of the Appellants (the “Dagher Appellants”), and the Registrar, Motor Vehicle Dealers Act, 2002, for issuance of a Consent Order of the Tribunal without a hearing in respect of the Registrar’s proposal to revoke the registrations of the Dagher Appellants, 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 Dagher Appellants and the Registrar, Motor Vehicle Dealers Act, 2002 as to the disposition of the proceedings as between them, which is filed and attached hereto as Schedule “A”;
NOW THEREFORE, upon consent of the Dagher Appellants and the Registrar, this Tribunal orders that the proceedings as between 2246602 Ontario Inc. o/a Dagher AutoSales, Roy Dagher and the Registrar, Motor Vehicle Dealers Act, 2002 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: January 28, 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 789 Don Mills Road, Suite 800 Toronto, Ontario M3C 1T5
AND FROM: 2246602 Ontario Inc. o/a Dagher AutoSales 196 Drumlin Circle N., Unit 2 Concord, ON, L4K 3E5
AND FROM: Roy Dagher (Address Removed)
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “Act”), 2246602 Ontario Inc. o/a Dagher AutoSales (“Dagher AutoSales”) and Roy Dagher (“Dagher”) 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:
Dagher shall ensure that Dagher AutoSales will not involve Monzer Sinno in the operation of the dealership, either directly or indirectly and will not employ Monzer Sinno in any capacity.
Dagher will ensure that Monzer Sinno will not provide any kind of financing or guarantees for the dealership.
Dagher 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.
Dagher and Dagher AutoSales shall not promote or hold out to the public that Monzer Sinno is associated with the business of Dagher AutoSales.
Dagher shall ensure that all personnel, agents, contractors, employees, assignees or anyone acting on behalf of Dagher AutoSales are informed concerning the terms and conditions contained in this document to the extent necessary to ensure compliance with these terms and conditions.
Dagher AutoSales shall not retain the services of a salesperson unless the salesperson is registered under the Act in that capacity. Dagher AutoSales shall ensure that anyone acting as a salesperson on its behalf is registered under the Act as a salesperson.
Dagher and Dagher AutoSales shall not purchase, sell, trade, title or register motor vehicles at auctions or through any other means, using the accounts or identities of other motor vehicle dealers or persons.
Dagher and Dagher AutoSales shall, at all times, comply with the Registrar’s Standards of Business Practice, as may be amended from time to time.
Dagher and Dagher AutoSales shall, at all times, comply with the Act and Ontario Regulations 333/08 and 332/08 prescribed under the Act.
Dagher and Dagher AutoSales shall complete and pass the one-day, on-site Ontario Motor Vehicle Industry Council Automotive Certification Course within 60 days of the release of this Order. Dagher agrees to be responsible for all fees in relation to enrolment.
Dagher and Dagher AutoSales hereby consent to an Order of the Licence Appeal Tribunal, which includes the terms and conditions set out herein.
Dagher and Dagher AutoSales acknowledge that they have taken the time to carefully review these terms and conditions, and, by signing this document, acknowledge that they understand their significance and agree to abide by them.
Dagher and Dagher AutoSales each hereby acknowledge that they have obtained or have had the opportunity to obtain independent legal advice with respect to their consent to the terms and conditions set out in this document.
Signed in the City of this day of 2015.
(signature) I have authority to bind the dealer 2246602 Ontario Inc. o/a Dagher AutoSales
Roy Dagher (signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Carl Compton Registrar