11104098 Canada Inc. o/a A1 Motors v. Registrar, Motor Vehicle Dealers Act, 2002, 2019 CanLII 32270

Licence Appeal Tribunal

Date: 2019-03-28

An Appeal of a Notice of Proposal by the Registrar, Motor Vehicle Dealers Act, 2002 S.O. 2002, c. 30, Sched. B – to Revoke a Registration and Appeal from an Immediate Suspension Order

Between:

11104098 Canada Inc. o/a A1 Motors and Zi Wang Appellants

and

Registrar, Motor Vehicle Dealers Act, 2002 Respondent

AND

Date: 2019-03-28

Between:

Lei Chen Appellant

and

Registrar, Motor Vehicle Dealers Act, 2002 Respondent

DECISION AND ORDER

ADJUDICATOR: D.Gregory Flude, Vice Chair

APPEARANCES:

For the Appellants, 11104098 Canada Inc. o/a A1 Motors and Zi Wang: Murray Snider, Counsel For the Appellant, Lei Chen: Self-Represented For the Respondent: Brian Osler, Counsel

Heard by Teleconference on: March 7, 2019

OVERVIEW

1The appellant 11104098 Canada Inc. o/a A1 Motors (“A1 Motors”) has been registered under the Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sched. B (the “Act”) since January 3, 2019 as a motor vehicle dealership. The appellants Zi Wang and Lei Chen are registered as motor vehicle salespersons with A1 Motors. On February 5, 2019 the Registrar, Motor Vehicle Dealers Act, 2002 (the “Registrar”) issued a Notice of Proposal to revoke the appellants’ registrations together with Immediate Suspension Notices. They have appealed the suspension and revocation to the Tribunal.

2The appellants, A1 Motors and Zi Wang filed notices of appeal on February 22, 2019, and Lei Chen filed his appeal on February 26, 2019. Prior to the commencement of the hearings, the Registrar withdrew the immediate suspension order with respect to Lei Chen.

Commencement of Hearing and Continuation of Suspension

3At the outset of the A1 Motors and Zi Wang hearing, I asked the parties to address the continuation of the immediate suspension order. According to s. 10(3)(2) of the Act, an immediate suspension order terminates fifteen days after the applicants filed their appeal with the Tribunal unless, at the commencement of the hearing within fifteen days, the Tribunal extends it until the conclusion of the hearing.

4In the present case, since the appellants filed their appeal with the Tribunal on February 22, 2019, the hearing had to be commenced prior to March 8, 2019. I commenced this hearing on March 7, 2019.

5At the hearing, the Registrar asked that the immediate suspension orders be extended until the conclusion of the hearing. The appellants, A1 Motors and Zi Wang, advised me that they consent to an order extending their immediate suspensions. Accordingly, I order that the immediate suspensions of the appellants, A1 Motors and Zi Wang shall continue to the conclusion of the hearing.

RELATED PROCEEDINGS

6The Tribunal assigned two file numbers to these appeals: 11895/MVDA for the A1 Motors and Zi Wang appeal and 11897/MVDA for the Lei Chen appeal. The Registrar seeks to have the files joined for administrative and hearing purposes. The appellants take no position on dealing with the files together. Mr. Chen consented to the joining of the files. Accordingly, I order that files 11895/MVDA and 11897/MVDA are joined and shall proceed together and all future case conferences and hearings will be heard together.

ADJOURNMENT

7On the consent of the parties, these matters are adjourned to an in-person case conference at 1:30 p.m. on April 4, 2019 in Toronto. In addition to exploring opportunities for resolving these matters before a hearing and narrowing the issues, the case conference will determine:

a. The date for the hearing;

b. The format of the hearing;

c. Dates for the disclosure of documents to be used at the hearing; and

d. Any other matters that need to be addressed to ensure a just, expeditious and proportional resolution of these matter.

INTERPRETER

8The Tribunal will provide a Mandarin interpreter for Lei Chen for the case conference.

ORDER

9In accordance with the authority set out in s. 10(2) of the Act, I order:

a. The immediate suspension of A1 Motors and Zi Wang is continued until the conclusion of the hearing;

b. The hearing is adjourned to a date to be fixed at an in-person case conference to be held on April 4, 2019 at 1:30 at 777 Bay Street, Suite 602, Toronto, Ontario. The parties will receive a Notice of Case Conference confirming the details; and

c. Files 11895/MVDA and 11897/MVDA are joined and shall proceed together and all future case conferences and hearings will be heard together.