Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2015-02-19
FILE:
8784/MVDA
CASE NAME:
8784 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 March 31, 2014 to Revoke Registrations
Ahmed Elbasiouni and VD Auto Trader Inc.
Appellants
-and-
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by Ahmed Elbasiouni and VD Auto Trader Inc., the Appellants, 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 Appellants 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: February 19, 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: VD Auto Trader Inc.
443 Centre Street
Brampton, ON L6V 1R6
AND FROM: Ahmed Elbasiouni
<Address removed>
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “Act”), VD Auto Trader Inc. (“VD Auto Trader”) and Ahmed Elbasiouni (“Elbasiouni”) 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:
Elbasiouni and VD Auto Trader will maintain all books and records at VD Auto Trader’s registered premises located at Suite 200; 201 County Court Blvd Brampton, Ontario, L6W 4L2, in care of Simmons da Silva LLP. All books and records keeping will be in accordance with the Act and sections 52 through to and including section 60 of Ontario Regulation 333/08.
Elbasiouni and VD Auto Trader will make available to the Registrar all books and records during both scheduled and unscheduled inspections, in accordance with the Act and Ontario Regulation 333/08.
Elbasiouni and VD Auto Trader will not purchase a vehicle without first ensuring that the vehicle is registered to the seller in the records of the Ontario Ministry of Transportation (“MTO”).
Elbasiouni and VD Auto Trader will ensure that all vehicles purchased will be registered within 6 days in accordance with section 11 of the Highway Traffic Act (“HTA”).
Elbasiouni and VD Auto Trader undertake to ensure that all vehicles sold will be registered in the name of the purchaser in the records of the MTO before releasing the vehicle to the purchaser.
Elbasiouni and VD Auto Trader undertake that, in the event their books and records are lost, stolen or destroyed in whole or in part, the Registrar will be advised, in writing, within 5 days of the event pursuant to section 55 of Ontario Regulation 333/08; and will include all relevant documentation. The documentation will include, but is not limited to, police reports, insurance claims and affidavits. Elbasiouni and VD Auto Trader further agree to make all reasonable efforts to reconstitute the lost, stolen or damaged records.
Elbasiouni and VD Auto Trader will obtain a receipt prior to the removal of any records by a government or professional agency; or any other person or entity, from the registered premise. Such receipt will include the recipient's name, address, telephone number, description of records taken, the time of return and signature of recipient. Elbasiouni and VD Auto Trader undertake to provide the receipt to OMVIC when requested by the Registrar.
Elbasiouni and VD Auto Trader will provide the Registrar with notice in writing, within five days, of any change in the location of their books and records. Elbasiouni and VD Auto Trader further agree not to effect such changes without first obtaining the Registrar’s prior approval, in writing.
Elbasiouni 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.
Elbasiouni and VD Auto Trader shall, at all times, comply with the Registrar’s Standards of Business Practice, as may be amended from time to time.
Elbasiouni and VD Auto Trader shall, at all times, comply with the Act and Ontario Regulations 333/08 and 332/08 prescribed under the Act.
Elbasiouni and VD Auto Trader hereby consent to an Order of the Licence Appeal Tribunal, which includes the terms and conditions set out herein.
Elbasiouni and VD Auto Trader 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.
Elbasiouni and VD Auto Trader 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
VD Auto Trader Inc.
Ahmed Elbasiouni (signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Carl Compton