Appeal from the Registrar’s proposal under the Motor Vehicle Dealers Act, R.S.O. 2002, c. 30 to refuse registration of Simon Dahan as a Salesperson and Centreline Auto Group Inc. as a Motor Vehicle Dealer
Between:
Simon Dahan and Centreline Auto Group Inc.
Appellants
-and-
Registrar Motor Vehicle Dealers Act
Respondent
ORDER
Order Made By:
Jeanie Theoharis, Vice-Chair
September 17, 2018
Background
1Simon Dahan (“Dahan”) on his own behalf and on behalf of Centreline Auto Group Inc. (“Centreline”), appeals the Registrar’s Notice of Proposal dated June 13, 2018. The Registrar proposes to refuse Dahan’s registration as a salesperson and Centreline’s registration as a motor vehicle dealer under section 9 of the Motor Vehicle Dealers Act, R.S.O. 2002, c. 30, Schedule B (“Act”).
2The parties attended a case conference on July 24, 2018. The parties were unable to resolve the issues in dispute and scheduled a hearing to proceed on October 1-3, 2018.
3On September 13, 2018, the parties submitted to the Tribunal a signed agreement indicating that in accordance with section 4.1 of the Statutory Powers Procedure Act, they waive the requirements of a hearing and consent to an Order of the Licence Appeal Tribunal based upon the agreed to terms and conditions. A copy of the signed agreement is attached as Schedule “A”.
On consent of the parties, I order that:
4Pursuant to s. 4.1 of the SPPA and s. 9(5) of the Act, and on the consent of the parties, I dispose of this proceeding without a hearing on the terms set out in the Agreement, attached hereto as Schedule “A”.
5The October 1-3, 2018, hearing dates are vacated.
LICENCE APPEAL TRIBUNAL
Jeanie Theoharis, Vice-Chair
Released: September 17, 2018
Schedule “A”
TO: Licence Appeal Tribunal Safety, Licensing Appeals & Standards Tribunals Ontario (SLASTO) 77 Wellesley Street West Box 250 Toronto, ON M7A 1N3
FROM: The Registrar (Respondent) Motor Vehicle Dealers Act, 2002 Ontario Motor Vehicle Industry Council 65 Overlea Blvd., Suite 300 Toronto, ON M4H 1P1
AND FROM: Centreline Auto Group Inc. (Applicant)
AND FROM: Simon Dahan (Applicant)
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002, Centreline Auto Group Inc. (“Centreline”) and Simon Dahan (“Dahan”), together referred to as the “Applicants”, 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:
General
The Applicants will comply with all requirements of the MVDA and Ontario Regulation 333/08, the Code of Ethics in Ontario Regulation 332/08, and the Ontario Motor Vehicle Industry Council (“OMVIC”) Standards of Business Practice, 2010, as may be amended from time to time. The Applicants further agree to read all correspondence and bulletins from OMVIC as they are released.
The Applicants will provide the Registrar with notice in writing, within five days, of any substantive changes to their business plans or information provided in obtaining their registration, pursuant to section 31 of Ontario Regulation 333/08.
The Applicants will provide the Registrar with notice in writing, within five days, of any change in the officers or directors of the corporation, pursuant to section 24 of the MVDA. The Applicants further agree to notify the Registrar of any changes in the partners, owners, person(s) in charge, or signing authorities of Centreline.
The Applicants acknowledge that “trade” refers to buying, selling, leasing, advertising or exchanging an interest in a motor vehicle or negotiating or inducing or attempting to induce the buying, selling, leasing or exchanging of an interest in a motor vehicle, and is not limited to the signing of contracts. The Applicants acknowledge that this may also include actions by persons attending an auction on behalf of the Applicants.
The Applicants recognize that a “trade” may also occur through other personnel, agents, assignees, or anyone acting on behalf of the Applicants. This includes the positions that are commonly known as Sales Manager, Finance Manager, Branch Manager, or General Manager, or any other person that has a supervisory capacity over salespersons.
The Applicants will not conduct business with any person acting as a motor vehicle dealer and trading in motor vehicles without first confirming that the person is registered as a motor vehicle dealer, in accordance with the MVDA.
The Applicants will ensure that all personnel, agents, assignees or anyone acting on behalf of the Applicants are informed of the Terms and Conditions contained in this document to the extent necessary to ensure compliance with these Terms and Conditions.
The Applicants agree to fully reimburse the Motor Vehicle Dealer Compensation Fund (the “Fund”) for any consumer claims made against Centreline in which the Fund has determined that the consumer(s) is entitled to compensation, pursuant to section 79 of [Ontario Regulation 333/08](https://www.canlii.org/en/on/laws/regu/o-reg-333-