Benjamin Lavigne v. Registrar, Motor Vehicle Dealers Act, 2002, 2019 CanLII 119776

Licence Appeal Tribunal

Date: 2019-12-03

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

Between:

Benjamin Lavigne Appellant

-and-

Registrar, Motor Vehicle Dealers Act, 2002 Respondent

CONSENT ORDER

Order made by: Jacqueline Castel, Member

Date of Order: December 3, 2019

1The appellant requested a hearing before the Licence Appeal Tribunal (the "Tribunal") to appeal the respondent's proposal to revoke his registration as a motor vehicle salesperson.

2The parties have advised the Tribunal that they have resolved the issues in dispute and have requested that the Tribunal issue an order on consent disposing of this proceeding.

3I have considered the Minutes of Settlement, signed by both parties and filed with the Tribunal, in which the parties set out the order requested.

4Therefore, on consent of the parties, and pursuant to s. 9(5) of the Motor Vehicle Dealers Act, 2002 and s. 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, I substitute my opinion for that of the Registrar and order as follows:

a. The appellant 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. The appellant will read all correspondence and bulletins from OMVIC as released.

b. For the period of two (2) years, the appellant shall be only employed by a registered dealer within the "New and Used Motor Vehicles" (Franchise Dealer) class, subject to the Registrar's approval, which shall not be unreasonably withheld.

1. For the period of two (2) years, the appellant shall neither be a final signing authority nor controlling mind of a motor vehicle dealer.

2. For the period of two (2) years, the appellant shall not be a partner, shareholder, officer, director, person in charge, dealer administrator, manager (including, but not limited to sales manager, finance and insurance manager and business manager) or have direct or indirect control of a motor vehicle dealer.

3. For the period of two (2) years, the appellant shall not to apply to be registered as a dealer.

4. The appellant 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.

5. The appellant will ensure that he shall not trade in motor vehicles where the appellant knows, or ought to know, that trading may facilitate an illegal or unethical practice.

6. The appellant shall notify his sponsoring dealer (current or future) of these conditions of registration. The appellant will provide the Registrar with an acknowledgement signed by his sponsoring dealer within five days of execution of this document, and in the future within ten days of change of employment.

LICENCE APPEAL TRIBUNAL

_________________________

Jacqueline Castel, Member