Licence Appeal Tribunal
Appeal from a Proposal of the Registrar under the Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sched. B., To Refuse Registrations and to Apply Conditions to a Registration
Between:
Aida Auto Sale Ltd., Khalil Issa Hatu and Daed Kadoura Appellants
and
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
Order Made By: Lindsay Lake, Adjudicator Date of Order: March 28, 2019
OVERVIEW
1Khalil Issa Hatu (“Hatu”) on his own behalf and Daed Kadoura (“Kadoura”) on her own behalf and on behalf of Aida Auto Sale Ltd. (“Aida”), appeal the Registrar’s Notice of Proposal dated December 4, 2018 in which the Registrar proposes to:
(i) Refuse Hatu’s registration as a motor vehicle salesperson under the Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sched. B (“MVDA”);
(ii) Refuse Aida’s registration as a motor vehicle dealer under the MVDA; and;
(iii) Attach certain conditions to the registration of Kadoura as a motor vehicle salesperson under the MVDA.
2The parties attended a case conference on January 17, 2019, but were unable to resolve the issues in dispute. As a result, an in-person hearing was scheduled for March 25, 26 and 27, 2019.
3Immediately prior to the commencement of the hearing, the parties advised that they resolved the issues in dispute and requested that I issue an order on consent disposing of this proceeding pursuant to section 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 (“SPPA”).
4A written agreement was submitted to the Tribunal dated March 26, 2019, which set out the terms of their resolution and the order requested. A copy of the signed agreement is attached as Schedule “A.”
On Consent of the Parties, I Order that:
5Pursuant to section 4.1 of the SPPA and section 9(5) of the MVDA, I dispose of this proceeding without a hearing on the terms set out in the Agreement, attached hereto as Schedule “A.”
LICENCE APPEAL TRIBUNAL
Lindsay Lake, Adjudicator
Released: March 28, 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: Aida Auto Sale Ltd.
AND FROM: Khalil Issa Hatu
AND FROM: Daed Kadoura
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “MVDA”), Aida Auto Sale Ltd., Khalil Issa Hatu, Daed Kadoura, 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
The Registrar’s Notice of Proposal to refuse Khalil Issa Hatu’s application for registration as a motor vehicle salesperson is hereby withdrawn.
Khalil Issa Hatu’s application for registration as a motor vehicle salesperson is hereby withdrawn.
Aida Auto Sale Ltd. will be registered as a motor vehicle dealer in the general class of registration pursuant to section 19(1) of Ontario Regulation 333/08.
Daed Kadoura will be registered as a motor vehicle salesperson on behalf of Aida Auto Sale Ltd.
PROHIBITION AGAINST INTERESTED PERSON
Aida Auto Sale Ltd. and Daed Kadoura shall not allow Khalil Issa Hatu to be an interested person (as defined in section 6(4) of the MVDA) in respect of Aida Auto Sale Ltd.’s business as a motor vehicle dealer.
For clarity, Khalil Issa Hatu shall not:
a. have a beneficial interest in Aida Auto Sale Ltd.
b. exercise control either directly or indirectly over Aida Auto Sale Ltd.; or,
c. provide financing either directly or indirectly to Aida Auto Sale Ltd.
- Aida Auto Sale Ltd. and Daed Kadoura shall not allow Khalil Issa Hatu to trade (as defined in section 1(1) of the MVDA) on behalf of Aida Auto Sale Ltd.
COMPLIANCE
Aida Auto Sale Ltd. and Daed Kadoura acknowledge their obligation, pursuant to section 31 of Ontario Regulation 333/08, to provide the Registrar with notice in writing within five (5) days of any substantive changes to the information they provided in obtaining their registrations.
Daed Kadoura acknowledges that she will be the person in charge of Aida Auto Sale Ltd. and the person responsible for its compliance with its conditions of registration, the MVDA, and the regulations made thereunder.
Aida Auto Sale Ltd. and Daed Kadoura acknowledge that pursuant to section 15(1) of the MVDA, the Registrar, or a person designated in writing by the Registrar, may conduct an inspection of Aida Auto Sale Ltd. without notice for the purpose of, among other things, ensuring compliance with these conditions of registration.
Aida Auto Sale Ltd. and Daed Kadoura acknowledge that the Registrar may take administrative action, including a Proposal to suspend or revoke registration, should they breach these conditions of registration.
These conditions shall expire one (1) year from the date that these conditions come into effect.
Daed Kadoura (signature)
______________________ Date: March 26, 2019
Daed Kadoura,
on behalf of Aida Auto Sale Ltd. (signature)
I have authority to bind the corporation.
______________________ Date: March 26, 2019
Khalil Issa Hatu (signature)
______________________ Date: March 26, 2019
John Carmichael (signature)
Registrar, Motor Vehicle Dealers Act, 2002.
_______________________ Date: March 26, 2019