Licence Appeal Tribunal
Appeal from a Notice of Proposal of the Registrar, Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch. B to Refuse Registration.
CONSENT ORDER
Order Made by: Stephen Scharbach, Member
Date of Order: March 6, 2019
1The appellant, Jordan Guy Pilgrim, requested a hearing by the Tribunal of the respondent’s proposal to refuse his registration as a motor vehicle salesperson under the Act.
2The parties have advised the Tribunal that they have resolved the issues in dispute and have requested that the Tribunal issue an order on consent disposing of this proceeding.
3The parties have signed and filed with the Tribunal a written agreement (attached and marked Schedule “A”) setting out the terms of their resolution and the order requested.
4Under that agreement, the Registrar has agreed to register the appellant as a motor vehicle salesperson subject to certain conditions.
5Given the parties’ agreement and consent, pursuant to s. 9(5) of the Motor Vehicle Dealers Act, 2002 and s. 4.1 of the Statutory Powers Procedure Act, R.S.O., 1990, c S.22, I substitute my opinion for that of the Registrar and order as follows:
The Registrar is directed to register Jordan Guy Pilgrim (“Mr. Pilgrim”) as a motor vehicle salesperson subject to the following conditions:
(i) Mr. Pilgrim will provide his sponsoring Dealer with notice in writing of any findings of guilt, convictions or pending charges in the future. Mr. Pilgrim shall provide the Registrar with a copy of the notification acknowledged by the signature of the sponsoring Dealer.
(ii) Mr. Pilgrim shall provide the Registrar with full and complete disclosure in all future correspondence and on all future applications, regardless of whether or not the disclosure has been made previously to the Registrar.
(iii) Mr. Pilgrim shall not apply for registration as a dealer for two years starting from February 26, 2019.
(iv) Mr. Pilgrim shall not be a partner, shareholder, officer, director, person in charge, dealer administrator or have direct or indirect control of a dealership for two years starting from February 26, 2019.
(v) Mr. Pilgrim shall not be a manager of a dealership for one year starting from February 26, 2019.
(vi) Mr. Pilgrim shall not be the final signatory on any sales or lease contracts on behalf of the dealer for two years starting from February 26, 2019
LICENCE APPEAL TRIBUNAL
Stephen Scharbach, Member
Released: March 6, 2019
Schedule “A”
TO: Licence Appeal Tribunal 777 Bay Street, Suite 602 Toronto, Ontario M5G 2E5
FROM: The Registrar Motor Vehicle Dealers Act, 2002 Ontario Motor Vehicle Industry Council 65 Overlea Blvd., Suite 300 Toronto, ON M4H 1P1
AND FROM: Jordan Guy Pilgrim
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (“MVDA”), Jordan Pilgrim (“the Registrant”) 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 to register Jordan Pilgrim as a salesperson based upon the following terms and conditions:
The Registrant will provide his sponsoring Dealer with notice in writing of any findings of guilt, convictions and pending charges in the future. The Registrant will provide the Registrar with a copy of the notification acknowledged by the signature of the sponsoring Dealer.
The Registrant will provide the Registrar with full and complete disclosure in all future correspondence and on all future applications, regardless of whether or not disclosure has been made previously to the Registrar.
The Registrant agrees not to apply to be a dealer for 2 years from the date of this agreement.
The Registrant agrees not to be a partner, shareholder, officer, director, person in charge, dealer administrator or have direct or indirect control of a dealership for 2 years from the date of this agreement.
The Registrant agrees not to be a manager of a dealership for 1 year from the date of this agreement.
The Registrant agrees not to be the final signatory on any sales or lease contracts on behalf of the dealer for 2 years from the date of this agreement.
ACKNOWLEDGMENT AND UNDERTAKING:
The Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Registrant in support of the Registrant’s application for registration.
The documents, information or statements provided to the Registrar are true to the best of the Registrant's knowledge, and belief; and that full answer to all questions, inquiries and requests made by the Registrar in connection with the Registrant’s application have been given.
The Registrar may take further administrative action, including a proposal to suspend or revoke registration, arising from any matters that have occurred or may occur related to honesty and integrity, financial responsibility or compliance with these Terms and Conditions.
Independent legal advice has been obtained or the Registrant has had the opportunity to obtain independent legal advice respecting consent to the Terms and Conditions contained in this document.
Signed in the City of Burlington this 26th day of February, 2019
Jordan Pilgrim
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date: February 26, 2019
John Carmichael