Licence Appeal Tribunal
Appeal en matière de permis
DATE: 2016-02-24
FILE: 9540/MVDA
CASE NAME: 9540 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 July 28, 2014 to Refuse Registration
Donald W. Davis Appellant
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
Upon the application to the Tribunal by Donald W. Davis, 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, Travel Industry 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 24, 2016
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 300 – 65 Overlea Boulevard Toronto, ON M4H 1P1
FROM: Donald Davis c/o Nick Cake Millars Law Professional Corporation 29 Kilworth Park Drive Kilworth, ON N0L 1R0
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (“MVDA”) Donald Davis (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:
The Applicant’s registration as a motor vehicle salesperson will be subject to the following terms and conditions for a period of two [2] years.
The Applicant shall comply with all requirements of the MVDA and Ontario Regulation 333/08, the Code of Ethics in Ontario Regulation 332/08, the Ontario Motor Vehicle Industry Council (“OMVIC”) Standards of Business Practice, 2010 and OMVIC Guidelines, as may be amended from time to time. The Applicant further agrees to read all correspondence and bulletins from OMVIC as received.
Within five [5] business days of the event occurring, the Applicant shall provide the Registrar and his sponsoring dealer with notice, in writing, of any pending charges or findings of guilt under any law (excluding parking infractions under Part II of the Provincial Offences Act, R.S.O. 1990 c. P. 33.). The Applicant shall forthwith provide the Registrar with a copy of the notification acknowledged by the signature of the sponsoring dealer.
On or before February 25, 2016, the Applicant shall provide the sponsoring dealer a complete copy of the transcript of his guilty plea in Ontario Court of Justice file number 14-0223 before the Honourable Justice G.M. Hornblower accepted on August 28, 2014 at Sarnia, Ontario and, in the same court file, a complete copy of the transcript of the proceedings at sentence before Justice Hornblower on October 5, 2015 at Sarnia, Ontario. The Applicant shall provide the Registrar with a written statement signed by the sponsoring dealer that the sponsoring dealer has received and read the August 28, 2014 and October 5, 2015 transcripts.
The Applicant shall provide the Registrar with full and complete disclosure in all future correspondence and on all future applications, regardless of whether or not disclosure has been made previously to the Registrar.
The Applicant confirms that the particulars and circumstances of the findings of guilt, convictions and pending charges are substantially as disclosed to the Registrar.
The Applicant shall not act as a salesperson on behalf of any dealer other than the Applicant’s sponsoring dealer.
The Applicant shall not be the final signatory on any sale, lease or trade of a motor vehicle.
The Applicant shall not be an officer, director, partner, owner or shareholder or have direct or indirect control of a dealership
The Applicant shall not apply to be a sole proprietor, partner, shareholder, officer, director, person-in-charge, or controlling mind of a motor vehicle dealer.
The Applicant shall forthwith provide a copy of these terms and conditions to his current and all future sponsoring dealers.
ACKNOWLEDGMENT AND UNDERTAKING:
The Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Applicant in support of the Applicant’s application for registration.
The documents, information or statements provided to the Registrar are true to the best of the Applicant's knowledge, and belief; and that full answer to all questions, inquiries and requests made by the Registrar in connection with the Applicant’s application 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.
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 ___________________ 2016.
Donald Davis (Signature)
Witness (Signature) Witness (Print)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date: ___________________, 2016.
Mary Jane South (Signature)