Canadian Car Auto Sale Corporation v. Registrar, Motor Vehicle Dealers Act, 2002, 2018 CanLII 140913

Licence Appeal Tribunal

Date: 2018-04-19

Appeal under section 11(2) of the Motor Vehicle Dealers Act, 2002, S.O. 2002, c.30, Sch. B from a Notice of Proposal by the Registrar to Refuse Registration

Between:

Canadian Car Auto Sale Corporation and Riyadh Abdul Sada

Appellant

and

Registrar, Motor Vehicle Dealers Act, 2002

Respondent

DECISION AND ORDER

Adjudicator: Stephen Scharbach, Member

Appearances:

For the Appellant: Wafik Abadir, Counsel

For the Respondent: Angela La Viola, Counsel

Place and dates of hearing: in Toronto, Ontario on February 12, 2017

DECISION AND ORDER

1This is an appeal before the Licence Appeal Tribunal (the “Tribunal”) arising out of a Notice of Proposal issued by the Registrar, Motor Vehicle Dealers Act, 2002 (the “Registrar” and the “Act” respectively).

2The Notice, dated July 24, 2017, proposes to refuse the registration of Canadian Car Auto Sale Corporation as a motor vehicle dealer and Riyadh Abdul Sada as a motor vehicle salesperson under the Act. Mr Sada is the corporation’s sole officer and director and both the corporation and Mr. Sada (“appellants”) appeal the Registrar’s proposal.

3The Registrar’s proposal is mainly based on allegations that Mr. Sada acted as a motor vehicle dealer while unregistered and falsely denied it when questioned by a representative of the Registrar.

4The appeal was initially scheduled to be heard on February 11 and 12, 2018. However, the parties informed the Tribunal that they were close to a resolution and requested that instead of a hearing, a case conference be held to discuss the remaining issues.

5A case conference was held by telephone on February 11, 2018. In the course of the discussions that ensued, the parties were able to reach a resolution on all of the issues. That resolution involved the corporate appellant withdrawing its application as a dealer and the granting of a salesperson’s licence to Mr. Sada on terms and conditions that will remain in place for a period of two years.

6I suggested that the parties incorporate their resolution into Minutes of Settlement and once a full resolution was achieved, the appellants’ notice of appeal should be withdrawn and the Tribunal’s proceedings would be terminated.

7On March 7, 2018, the Tribunal received a document which is signed by the parties and sets out their agreement. That document is attached to this decision and marked as Schedule “A”. The document indicates that:

• the application for registration as a dealer in respect of Canadian Car Auto Sale Corporation will be withdrawn
• The Registrar agrees to proceed with a salesperson registration in respect of Mr. Sada
• Mr. Sada’s salesperson registration will be subject to specified terms and conditions that the parties agree will remain in place for a period of two years.

8In my view the resolution reached by the parties is fair and appropriate and addresses the concerns described in the Registrar’s notice.

9Section 6(2) of the Act provides that a registration may be made subject to such conditions as are consented to by a registrant. In this case, the appellants have consented to terms and conditions being attached to Mr. Sada’s registration and the Registrar may attach those terms and conditions pursuant to s. 6(2). I therefore see no need for the Tribunal to impose them by order.

10In view of the fact that the parties have reached a settlement that resolves all issues raised in the Notice of proposal, I make the following order:

ORDER

11The appeal in this matter is dismissed.