George Parasco o/a UR Auto Sales v. Registrar, Motor Vehicle Dealers Act, 2002, 2019 CanLII 32293

Licence Appeal Tribunal

Date: 2019-03-25

An Appeal of a Notice of Proposal by the Registrar, Motor Vehicle Dealers Act, 2002, S.O. 2002 c. 30, Sched. B – to Refuse Registrations

Between:

George Parasco o/a UR Auto Sales Appellant

and

Registrar, Motor Vehicle Dealers Act, 2002 Respondent

DECISION AND ORDER

(Registrar’s Motion to Issue a Final Order)

Adjudicator: D. Gregory Flude, Vice-Chair

APPEARANCES

For the Applicant: Self-Represented For the Respondent: Vlad Bosis, Counsel

Heard by Teleconference: March 25, 2019

DECISION AND ORDER

1The appellant, George Parasco, applied for two registrations on June 20, 2017: as a motor vehicle salesperson and as a motor vehicle dealer. He intends to operate the dealership under the name, UR Auto Sales. The Registrar under the Motor Vehicle Dealers Act, 2002 S.O. 2002 c. 30, Sched. B (the “Act”) denied Mr. Parasco’s registrations. Mr. Parasco has appealed the Registrar’s decision to this Tribunal.

2In a decision released on January 15, 2019 I held that the Registrar had grounds to deny the applicant the two registrations he sought on the grounds that he had failed to comply with a request for information from the Registrar. I gave the appellant six weeks to consider his position and either comply with the Registrar’s request and produce the documents or withdraw his appeal. I also ordered a case conference to be held ten weeks after the release of my decision to discuss the status of the matter. A case conference was scheduled for March 25, 2019.

3The appellant did not produce the documents requested by the Registrar as ordered in my January 15, 2019 order. Nor did he file a notice of withdrawal. The Registrar brought a motion to adjourn the case conference scheduled for March 25, 2019 and asked the Tribunal to issue a final order directing the Registrar to carry out his proposal and deny the appellant’s registration as a motor vehicle dealer and as a motor vehicle salesperson. The Tribunal ordered that that motion be heard at the case conference. The adjournment request being moot, I heard the Registrar’s motion to issue a final order.

4At the motion the appellant reaffirmed his intention not to comply with my order and refused to disclose the documents requested by the Registrar. He stated his intention to appeal my decision and asked that I grant the respondent’s motion and issue a final order. Accordingly, I will issue a final order denying the registrations.

ORDER

5In accordance with the authority set out in s. 9(5) of the Act, I direct the Registrar to carry out his proposal to deny the appellant registrations under the Act.