Appeal from the Registrar’s proposal under the Motor Vehicle Dealers Act, R.S.O. 2002, c. 30 to refuse the registration of Thamir Joseph Namou as a Salesperson
Between:
Thamir Joseph Namou
Appellant
and
Registrar Motor Vehicle Dealers Act
Respondent
ORDER
Order Made By: Jeanie Theoharis, Vice-Chair
BACKGROUND
1Thamir Joseph Namou (“Namou”) on his own behalf appeals the Registrar’s Notice of Proposal dated November 2, 2018. The Registrar proposes to refuse the registration of Namou as a salesperson under section 9 of the Motor Vehicle Dealers Act, R.S.O. 2002, c. 30, Schedule B (“Act”).
2The parties attended case conferences on January 4, 2019 and February 26, 2019. The parties were unable to resolve the issues in dispute and scheduled a hearing to proceed on March 12, 2019.
3On or about March 7, 2019, the parties submitted, to the Tribunal, a signed agreement indicating that pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002, and in accordance with section 4.1 of the Statutory Powers Procedure Act, they waive the requirements of a hearing and consent to an Order of the Licence Appeal Tribunal based upon the agreed to terms and conditions.
4The March 7, 2019, signed agreement contained a clerical error, namely the appellant’s name was incorrect. The March 12, 2019, hearing date was vacated on consent pending receipt of an amended agreement. On March 18, 2019, the Tribunal received an amended agreement with the correct spelling of the appellant’s name. The conditions of registration remained identical to the March 7, 2019 agreement.
On consent of the parties, I order that
5In accordance with section 4.1 of the Statutory Powers Procedure Act, and on consent of the parties, I waive the requirements of a hearing, and dispose of this proceeding without a hearing.
6Further, and with the consent of the parties, I order that the appellant’s registration as a motor vehicle salesperson be issued subject to the following conditions that are consented to by the appellant and the respondent:
a. The Registrant agrees not to be involved in the process of trading motor vehicles without the benefit of registration.
b. The Registrant agrees not to be involved in the process of trading motor vehicles only and except for the dealer to whom he is registered, unless first obtaining consent from the Registrar.
c. The Registrant agrees not to transfer his registration as a salesperson under the Act to another Registrant without having first obtained prior written consent of the Registrar.
d. The Registrant agrees not to be a partner, shareholder, officer, director or controlling mind of a dealer.
e. The Registrant agrees not to be the final signatory on any sales or lease contracts on behalf of the dealer.
f. The Registrant will provide the Registrar with notice of any findings of guilt, convictions and pending charges in the future, with the exception of parking tickets.
g. 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.
7The March 12, 2019 hearing date is vacated.
LICENCE APPEAL TRIBUNAL
Jeanie Theoharis, Vice-Chair
Released: March 19, 2019
SCHEDULE ‘A’
TO: Licence Appeal Tribunal Tribunals Ontario 77 Wellesley Street West Box 250 Toronto, ON M7A 1N3
FROM: The Registrar (Respondent) Motor Vehicle Dealers Act, 2002 Ontario Motor Vehicle Industry Council 65 Overlea Blvd., Suite 300 Toronto, ON M4H 1P1
AND FROM: Thamir Namou (Appellant)
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 Thamir Namou (“the Appellant”) 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 conditions of registration:
The Registrant agrees not to be involved in the process of trading motor vehicles without the benefit of registration.
The Registrant agrees not to be involved in the process of trading motor vehicles only and except for the dealer to whom he is registered, unless first obtaining consent from the Registrar.
The Registrant agrees not to transfer his registration as a salesperson under the Act to another Registrant without having first obtained prior written consent of the Registrar.
The Registrant agrees not to be a partner, shareholder, officer, director or controlling mind of a dealer.
The Registrant agrees not to be the final signatory on any sales or lease contracts on behalf of the dealer.
The Registrant will provide the Registrar with notice of any findings of guilt, convictions and pending charges in the future, with the exception of parking tickets.
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.
Signed in the City of Windsor, this 8th day of March 2019.
Thamir Namou
Signed in the City of Toronto, this 18th day of March 2019
John Carmichael
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.