Licence Appeal Tribunal
Appeal from a Notice of Proposal of the Registrar under the Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch. B to Revoke a Licence
Between:
Car & Care Auto Inc.
and
Muhammad Saleem
Appellants
and
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
DECISION AND ORDER
Adjudicator: Asad Ali Moten, Member
Appearances:
For the Appellants: Muhammad Saleem
For the Respondent: Vlad Bosis, Counsel
Heard in Toronto: December 3, 4, 5, 6, 10, 2018
REASONS FOR DECISION AND ORDER
OVERVIEW
1The appellants, Car & Care Auto Inc., and Muhammad Saleem, appeal the respondent’s Notice of Proposal (NOP) to (a) revoke the registration of Car & Care Auto Inc. as a motor vehicle dealer; and (b) revoke registration of Muhammad Saleem as a motor vehicle salesperson pursuant to section 9 of the Motor Vehicle Dealers Act, 20021 (the Act). Muhammad Saleem is the director and sole officer of Car & Care Auto Inc. He buys used cars, most often those that have been written off by insurance companies, repairs them, and sells them. He has been licensed under the Act since 2009.
2The Registrar issued the NOP to revoke the appellants’ licences on the basis of two inspections of Car & Care Inc. and two consumer complaints in which customers complained that the appellants did not advise them about the condition of cars they purchased from the appellants. According to the Registrar, these complaints and inspections are evidence of past conduct that affords reasonable grounds to believe that the appellants will not carry on business in accordance with the law and with integrity and honesty.
3The appellants argue that the complaints are untrue. In particular they argue that the consumers were fully apprised of the condition of the cars before they bought them, including the repairs done. With respect to the inspections, the appellants argue that the Registrar does not have the full picture with which to conclude that disclosure is not being provided. In addition, the appellants point to evidence of positive past conduct to support their position that there are no reasonable grounds for the Registrar’s belief.
4Because Mr. Saleem is both a salesperson at, and the sole officer and director of, Car & Care Auto Inc., the Registrar alleges that Mr. Saleem’s past conduct affords reasonable grounds to believe that he, and therefore Car & Care Auto Inc., will not carry on business in accordance with the law and with integrity and honesty. Therefore, the Tribunal must make findings of fact with respect to Mr. Saleem’s past conduct, and determine whether there are reasonable grounds for the Registrar’s belief that Mr. Saleem’s will not carry on business in accordance with the law and integrity and honesty.
RESULT
5Based on the evidence before me, I find that the Registrar has satisfied its onus to prove that it has reasonable grounds to believe that Mr. Saleem and Car & Care Auto Inc. will not carry on business in accordance with the law and with integrity and honesty. I direct the Registrar to carry out its Proposal and revoke the appellants’ registrations.
ISSUES
6The issue to be decided by this Tribunal is:
7Does Mr. Saleem’s