Muhammad Shaheer v. Registrar, Motor Vehicle Dealers Act, 2002, 2019 CanLII 101634

Date: 2019-10-07

Appeal from a Notice of Proposal by the Registrar, Motor Vehicle Dealers Act, 2002 to Refuse Registration

Between:

Muhammad Shaheer

Appellant

-and-

Registrar, Motor Vehicle Dealers Act, 2002

Respondent

CONSENT ORDER

Order Made by: Raymond Ramdayal, Member

Date of Order: October 7, 2019

1The appellant, Muhammad Shaheer, appeals the Registrar’s Notice of Proposal, issued on July 24, 2019, to refuse his registration as a motor vehicle salesperson under the Motor Vehicle Dealers Act, 2002 (the “Act”). The Registrar is of the position that Mr. Shaheer’s past conduct and his provision of a false statement in his application for registration is inconsistent with the intention and objective of the Act and therefore warrants his disentitlement to registration under the Act.

2The parties were scheduled to participate in a case conference on September 12, 2019, however, there was a request to vacate this date because an agreement had been reached. The parties are now requesting a consent order including conditions of registration.

3The parties, as part of the signed agreement, and in agreeing to the conditions imposed, acknowledge the following:

Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “MVDA”), Muhammad Shaheer (“Shaheer”), 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 conditions of registration:

a. Shaheer will comply with all requirements of 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. Shaheer shall further read all correspondence and bulletins from OMVIC as released.

b. Shaheer shall provide full and complete disclosure to the Registrar regarding any findings of guilt, convictions, and pending charges in the future.

c. Shaheer will provide his sponsoring dealer with notice in writing of any findings of guilt, convictions, and pending charges in the future. Shaheer shall further provide the Registrar with a copy of that notification, acknowledged by the signature of the sponsoring dealer, within five (5) days.

d. Shaheer shall pay any outstanding judgements or court orders against him without delay.

e. Shaheer shall not be a partner, shareholder, officer, director, manager, person in charge, dealer administrator, or have direct or indirect control of a dealership for two (2) years after registration.

f. Shaheer shall not be the final signatory on any sale or lease contracts on behalf of the dealer for two (2) years after registration.

4On review of the terms of the agreement, I am satisfied that the Tribunal has the jurisdiction to grant the consent order on the terms as noted.

5Section 6(2) of the Act states that:

A registration is subject to such conditions as are consented to by the applicant or registrant, as are applied by the registrar under section 9, as are ordered by the Tribunal or as are prescribed. 2002, c. 30, Sched. B, s. 6 (2).

6Section 4.1 of the Statutory Powers Procedure Act (the SPPA), states that where the parties consent, a proceeding may be disposed of by a decision of the Tribunal without a hearing.

7Because a hearing in this matter was not completed, I am of the opinion that section 4.1 of the SPPA applies, and the consent of the parties gives me jurisdiction to issue a consent order without deciding the merits of the case.

On consent of the parties, and without a decision on the merits of the proceeding, pursuant to section 4.1 of the Statutory Powers Procedure Act, I order that the consent order be carried out.