Appeal from a Notice of Proposal by the Registrar, Motor Vehicle Dealers Act, 2002, S.O.2002, c.30 Sch. B to Refuse Registration
Between:
Robert Kamali o/a Best Quality Auto Sales
Appellant
-and-
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
Order Made By: Harriet Lewis, Member
Date of Order: January 11, 2019
1Upon agreement having been reached by the Appellant Robert Kamali and the Registrar under the Motor Vehicle Dealers Act, 2002, for issuance of a Consent Order of the Tribunal without a hearing pursuant to section 4.1 of the Statutory Procedures Act, R.S.O. 1990, c.S.22.
2Having reviewed the written settlement signed by the Applicant and the agent for the Registrar, Motor Vehicle Dealers Act, 2002, as to the disposition of these proceeding which is attached hereto as Schedule “A”.
3Upon consent of the parties I order that the 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
Harriet Lewis, Member
Released: January 11, 2019
Schedule ‘A’
TO: Licence Appeal Tribunal
Tribunals Ontario – Safety, Licensing Appeals and Standards Division
77 Wellesley Street West, Box 250, Toronto, Ontario M7A 1N3
FROM: The Registrar
Motor Vehicle Dealers Act, 2002
Ontario Motor Vehicle Industry Council
65 Overlea Blvd., Suite 300
Toronto, ON M4H 1P1
AND FROM: Robert Kamali o/a Best Quality Auto Sales
305-211 Consumers Road
Toronto, ON M2J 4GB
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “MVDA”), Robert Kamali o/a Best Quality Auto Sales (“Robert Kamali”) 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 terms and conditions:
REGISTRATION
Robert Kamali will be registered as a motor vehicle dealer in the wholesaler class, pursuant to section 21 of Ontario Regulation 333/08.
As a condition of his registration, Robert Kamali shall not allow Mirramin Kamali-Mafroujaki to be an interested person (as defined in section 6(4) of the MVDA) in respect of his business as a motor vehicle dealer.
For clarity, Robert Kamali shall not allow Mirramin Kamali-Mafroujaki to:
a. have a beneficial interest in Robert Kamali’s business as a motor vehicle dealer;
b. exercise control either directly or indirectly over Robert Kamali’s business as a motor vehicle dealer; or
c. provide financing either directly or indirectly to Robert Kamali’s business as a motor vehicle dealer.
Robert Kamali shall not allow Mirramin Kamali-Mafroujaki to trade (as defined in section 1(1) of the MVDA) on his behalf as a motor vehicle dealer.
The parties acknowledge that the Registrar may take administrative action, including a proposal to suspend or revoke registration, should Robert Kamali breach these conditions of registration.
Robert Kamali (signature) Date
John Carmichael (signature) Date
Registrar, Motor Vehicle Dealers Act, 2002.