Parmar v. Registrar, Motor Vehicle Dealers Act, 2002
Appeal from a Notice of Proposal under the Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch. B, to Refuse Registration
Between:
Rita Parmar
Appellant
and
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
ADJUDICATOR:
Avril A. Farlam, Vice-Chair
APPEARANCES:
For the Appellant:
Pradeep Chand, Counsel
Carly Waisglass, Counsel
For the Respondent:
Vlad Bosis, Counsel
Held by teleconference:
June 29, 2023
BACKGROUND
1Rita Parmar (the “appellant”) appeals the Registrar, Motor Vehicle Dealers Act, 2002 (the “respondent”) Notice of Proposal dated April 27, 2023 (the “NOP”) to refuse the registration of the appellant as motor vehicle salesperson under ss. 6(1)(a)(ii), (iii) and s. 12(b) of the Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch. B (the “Act”)
2At the case conference held June 29, 2023, counsel for both parties advised the Tribunal that they had resolved the issues in dispute and that both parties consent to the registration of the appellant under the Act on the terms and conditions set out in Schedule A signed by the appellant on June 28, 2023 and by the respondent on June 29, 2023.
3Further, both parties confirmed that pursuant to section 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S 2 (the “SPPA”), that they waive the requirements of a hearing and consent to an Order of the Tribunal to allow the appellant’s registration on the terms and conditions set out on Schedule A signed by the appellant on June 28, 2023 and by the respondent on June 29, 2023.
4A copy of the agreement signed by the appellant and the respondent is attached as Schedule A to this Order.
ON CONSENT OF ALL BOTH PARTIES, I ORDER:
5Pursuant to s. 4.1 of the SPPA and on the consent of the parties, I dispose of this proceeding without a hearing on the terms set out in the agreement signed by the appellant on June 28, 2023 and by the respondent on June 29, 2023, attached to this order as Schedule A, which Schedule A is incorporated and made part of this Order.
LICENCE APPEAL TRIBUNAL
Avril A. Farlam, Vice-Chair
Released: June 30, 2023
Schedule “A”
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 Rita Parmar (“the Appellant”) 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:
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.
For the period of two years, the Appellant shall not be a final signatory, partner, shareholder, officer, director, person in charge, dealer administrator, manager or have direct or indirect control of a motor vehicle dealer.
For the period of two 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. The Appellant’s employment as a salesperson shall not be transferred to another registered dealer unless that transfer is approved beforehand by the Registrar and such approval shall not be unreasonably withheld.
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.
The Appellant will ensure that she shall not trade in motor vehicles where the Appellant knows, or ought to know, that trading may facilitate an illegal or unethical practice.
The Appellant will satisfy all outstanding penalties imposed on September 11, 2019, in the proceedings under the Provincial Offences Act within twelve months of the date the Consent Order is issued.
The Appellant shall notify her sponsoring dealer (current or future) of these conditions of registration. The Appellant will provide the Registrar with an acknowledgement signed by her sponsoring dealer within seven days of the date the Consent Order is issued, and in the future within fourteen days of change of employment. The conditions in this paragraph shall apply for a period of 2 years, commencing from the date the Consent Order is issued.
Signed in the City of Toronto, this day of June 2023.
Rita Parmar (signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Signed in the City of Toronto, this day of June 2023.
Maureen Harquail
Registrar, Motor Vehicle Dealers Act, 2002