Bahrami-Panah v. Registrar, Motor Vehicle Dealers Act, 2002, 2018 CanLII 117002

Licence Appeal Tribunal

Date: 2018-10-29

Appeal from a Proposal of the Registrar under the Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch. B, to Refuse Registration

Between:

Sattar Bahrami-Panah

Appellant

-and-

Registrar, Motor Vehicle Dealers Act, 2002

Respondent

DECISION AND ORDER

Adjudicator: Avril A. Farlam, Vice-Chair

Appearances:

For the Appellant: Kenneth Page, Counsel

For the Respondent: Thomas Felix, Counsel

Heard in Toronto: September 26, 2018

REASONS FOR DECISION AND ORDER:

A. OVERVIEW

1Under the Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch. B (“Act”) the Registrar issued a Notice of Proposal to Refuse Registration dated February 1, 2018 to refuse the registration of Sattar Bahrami-Panah as a motor vehicle salesperson because the past conduct of the appellant affords reasonable grounds for belief that he will not carry on business in accordance with law and with integrity and honesty. The appellant appealed to this Tribunal.

ORDER:

2The hearing commenced on September 26, 2018. Before the hearing concluded the parties advised that they had settled the issues between them and requested an Order containing the terms of the settlement reached between the appellant and the respondent and concluding the proceedings before the Tribunal.

3On consent of the appellant and the respondent, I order the Registrar not carry out the Notice of Proposal to Refuse Registration dated February 1, 2018.

4Sattar Bahrami-Panah’s licence as a motor vehicle dealer salesperson shall be subject to the following conditions:

1. That Mr. Bahrami-Panah abide by all disclosure requirements consistent with s. 39 to s. 43 of Ontario Regulation 333/08 under the Motor Vehicle Dealers Act, 2002.

2. That Mr. Bahrami-Panah will reply to all reasonable requests from the Registrar, Motor Vehicle Dealers Act, 2002 for information pursuant to s. 14 and s. 15 of Registrar, Motor Vehicle Dealers Act, 2002.

3. That Mr. Bahrami-Panah pass the OMVIC Certification Course at Georgian College prior to registration as a motor vehicle salesperson.

4. That Mr. Bahrami-Panah shall not apply for a motor vehicle dealership licence, be a person in charge or be a final signing authority for a period of two years from the date of his registration as a motor vehicle salesperson.

5. That Mr. Bahrami-Panah will notify the Registrar, Motor Vehicle Dealers Act, 2002 of any change of employer pursuant to the Motor Vehicle Dealers Act, 2002 and its Regulation.

6. That Mr. Bahrami-Panah will notify the Registrar, Motor Vehicle Dealers Act, 2002 within five business days of any Consumer Proposal or bankruptcy proceeding involving Mr. Bahrami-Panah.

7. That Mr. Bahrami-Panah will comply with any and all Orders of the Court.

8. That Mr. Bahrami-Panah will notify any current or future employer of these terms and conditions prior to commencement of employment.