An Appeal from a proposal by the Registrar, Motor Vehicle Dealers Act, 2002, to Refuse Registration
Between:
Paul Ford
Appellant
-and-
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
Order Made by: Joanne E. Foot, Member
BACKGROUND
1The case conference in this matter was held on July 25, 2018. It became apparent that the parties were close to agreement upon a settlement. The respondent subsequently notified the Tribunal that a settlement had been reached.
2Executed terms and conditions settlement were provided to the Tribunal on July 26, 2018.
3The respondent requested that the terms and conditions of settlement be incorporated into a consent order.
ORDER
Accordingly, on the consent of the parties, I order that:
4The proceedings in this matter are concluded and disposed of without a hearing on the basis of the terms set out in Schedule "A", which are incorporated into and made part of this Order.
LICENCE APPEAL TRIBUNAL
_________________________
Joanne E. Foot, Member
Released: August 8, 2018
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: Paul Ford 5850 Hillcrest Crescent Niagara Falls, ON L2J2A7
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 ("MVDA"), Paul Ford ("Ford") 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 Paul Ford as a salesperson based upon the following terms and conditions:
Ford will 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. Ford further agrees to read all correspondence and bulletins from OMVIC as released.
Ford will provide the sponsoring Dealer with notice in writing of any findings of guilt, convictions and pending charges in the future. Ford will provide the Registrar with a copy of the notification acknowledged by the signature of the sponsoring Dealer.
Ford will 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.
Ford agrees not to apply to be a registered dealer under the MVDA for 2 years from the date this agreement is entered into.
Ford agrees not to be a partner, shareholder, officer, director, person in charge, dealer administrator or have direct or indirect control of a dealership for 2 years from the date this agreement is entered into.
Ford will not have final signing authority for the sale of any product or service of a dealer for 2 years from the date this agreement is entered into.
Ford will not transfer his registration as a salesperson under the MVDA to another dealer without first obtained prior written consent of the Registrar, which shall not unreasonably be withheld.
ACKNOWLEDGMENT AND UNDERTAKING:
The Registrar is relying on the accuracy and completeness of all documents, statements and information provided by Ford in support of its respective applications for registration.
The documents, information or statements provided to the Registrar are true to the best of the Ford's knowledge, and belief; and that full answer to all questions, inquiries and requests made by the Registrar in connection with Ford's application has 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 by Ford or he 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 July, 2018
Paul Ford
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
John Carmichael Registrar