An Appeal of a Notice of Proposal by the Registrar, Motor Vehicle Dealers Act, 2002 S.O. 2002 c. 30, Sched. B – to Refuse Registrations
Between:
NMH Auto Sales and Collision Inc. and Namir Majed Habib
Appellants
-and-
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
ADJUDICATOR:
Laurie Sanford, Vice Chair
APPEARANCES:
For the Appellants:
Justin Jakubiak, Counsel
For the Respondent:
Michael Burokas, Counsel
Heard by teleconference:
November 23, 2017
CONSENT ORDER
1NMH Auto Sales and Collision Inc. (“NMH Auto”) and Namir Majed Habib applied for registration under the Motor Vehicle Dealers Act, 2002 in August, 2016 as a Motor Vehicle Dealer and a Motor Vehicle Salesperson respectively. On September 1, 2017, the Registrar, Motor Vehicle Dealers Act, 2002 (the “Registrar”) issued a Notice of Proposal to refuse to register both MNH Auto and Mr. Habib. They appealed that decision to the Tribunal.
2The parties have settled the issues between them on the terms which are attached to this Order as Schedule “A”. I have reviewed these terms.
3The parties now apply to have this matter disposed of on consent and without a hearing under section 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22.
4Accordingly, on consent of the parties, I order that this matter is concluded without a hearing on the terms attached to this Order as Schedule A.
LICENCE APPEAL TRIBUNAL
________________________
Laurie Sanford, Vice Chair
Released: December 4, 2017
TO: Licence Appeal Tribunal 530 - 20 Dundas Street West Toronto, ON M5G 2C2
FROM: The Registrar Motor Vehicle Dealers Act, 2002 Ontario Motor Vehicle Industry Council 65 Overlea Blvd., Suite 300 Toronto, ON M4H 1P1
AND FROM: NMH Auto Sales and Collision Inc. 1145 Fewster Drive Mississauga, ON L4W 1A2
AND: Namir Habib c/o NMH Auto Sales and Collision Inc. 1145 Fewster Drive Mississauga, ON L4W 1A2
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (“MVDA”), NMH Auto Sales and Collision Inc. (“NMH”), Namir Habib (“Namir”) 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 to register NMH and Namir as a general dealer and salesperson respectively based upon the following terms and conditions:
NMH and Namir agree to comply with all applicable provisions of the MVDA, its General Regulations, Ontario Regulation 333/08, and its Code of Ethics, Ontario Regulation 332/08.
NMH and Namir agree to comply with all applicable laws relating to the trade in motor vehicles including the Consumer Protection Act.
Majed Habib, father of Namir, and Sajida Habib, mother of Namir, will not have any direct or indirect involvement in the operation of NMH without prior approval by the Registrar.
ACKNOWLEDGMENT AND UNDERTAKING:
The Registrar is relying on the accuracy and completeness of all documents, statements and information provided by NMH and Namir in support of its respective applications for registration.
The documents, information or statements provided to the Registrar are true to the best of the NMH's and Namir’s knowledge, and belief; and that full answer to all questions, inquiries and requests made by the Registrar in connection with both parties’ 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 NMH and Namir have 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 November, 2017.
Namir Habib on behalf of NMH (signature)
Namir Habib (signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
John Carmichael