Licence Tribunal

Appeal d'appel en

Tribunal matière de permis

DATE:

2015-02-02

FILE:

9183/MVDA

CASE NAME:

9183 v. Registrar, Motor Vehicle Dealers Act, 2002

An appeal from a Notice of Proposal by the Registrar, Motor Vehicle Dealers Act, 2002, to Refuse Registration

Sandra Fonteno

Appellant

-and-

Registrar, Motor Vehicle Dealers Act, 2002

Respondent

PRE-HEARING ORDER

ADJUDICATOR:

Nives Montano, Member

APPEARANCES:

For the Appellant:

Self-represented

For the Respondent:

Angela LaViola, Counsel

Heard by teleconference:

January 16, 2015

PRE-HEARING ORDER

Sandra Fonteno (the "Appellant") has appealed a Notice of Proposal issued by the Registrar, Motor Vehicle Dealers Act, 2002 (the "Registrar") on October 20, 2014. The Registrar proposed to Refuse the Registration of the Appellant.

A 3^rd pre-hearing was held on January 16, 2015 before this Tribunal in the presence of the Appellant, appearing on her own behalf and Angela LaViola, Counsel representing the Registrar.

At the commencement of the pre-hearing, the parties advised that they had resolved the issues between them and that certain conditions would be placed on Ms. Fonteno's salesperson's licence. They requested that the agreement, attached hereto as Schedule "A" be incorporated into and made part of this Order.

On the basis of the foregoing, the Tribunal orders that the matter is resolved on the terms set out in Schedule "A" and the conditions therein shall attach to the Appellant's salesperson's licence. This matter is therefore concluded, without a hearing, and the file closed.

LICENCE APPEAL TRIBUNAL

Nives Montano Member

Released: February 2, 2015

Schedule 'A'

TO: Licence Appeal Tribunal

20 Dundas Street West

5^th Floor

Toronto, ON M5G 2C2

FROM: The Registrar

Motor Vehicle Dealer Act, 2002

Ontario Motor Vehicle Industry Council

65 Overlea Boulevard, Suite 300

Toronto, Ontario M4H 1P1

AND FROM: Sandra Elizabeth Fonteno

c/o Gamma Auto Sale Inc.

B30455 Highway 12

Brock ON L0K 1A0

Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 ("the Act") SANDRA ELIZABETH FONTENO ("the Registrant") 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 ("the Tribunal").

The Registrant and the Registrar hereby consent to the following Terms and Conditions of registration as a Salesperson:

1. The Registrant will not to be owner, partner, shareholder, officer, director or person in charge of a dealer.

2. The Registrant will provide notice in writing within five days of any charges or convictions under any law.

3. The Registrant will provide notice in writing, signed by the sponsoring Dealer, of any court orders, judgments or bankruptcy proceedings.

4. The Registrant acknowledges and undertakes to provide a copy of this Order to her employer forthwith.

5. The Registrant hereby acknowledges that she has obtained or has had the opportunity to obtain independent legal advice with respect to her consent to the Terms and Conditions as set out herein.

Signed in the City of ___________________ this _____________ day of January, 2015.

SANDRA ELIZABETH FONTENO

Salesperson (Signature)

Carl Compton

Registrar