Valdrin Basha v. Registrar, Motor Vehicle Dealers Act, 2002, 2019 CanLII 37544

Licence Appeal Tribunal

Date: 2019-04-05

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

Between:

Valdrin Basha Appellant

and

Registrar, Motor Vehicle Dealers Act, 2002 Respondent

REASONS FOR DECISION AND ORDER

Adjudicator: D. Gregory Flude, Vice Chair

APPEARANCES

For the Applicant: Pradeep Chand, Counsel

For the Respondent: Vlad Bosis, Counsel

Court Reporter: Stephanie Penman

Heard in Ottawa: February 12, 2019

OVERVIEW

1The appellant, Valdrin Basha, applied to the Registrar under the Motor Vehicle Dealers Act, 2002, S.O. 2002 c. 30, Sched. B (the “Act”) to be registered as a motor vehicle salesperson. Mr. Basha had met the formal requirements for registration under the Act by passing a qualifying test, but the Registrar had concerns about Mr. Basha’s entitlement to registration because of his lengthy drug-related criminal record. The Registrar refused to register Mr. Basha. Mr. Basha has exercised his right to appeal to this Tribunal from the Registrar’s decision.

2At the time of Mr. Basha’s appeal to this Tribunal, he had been convicted of one count of possession of cocaine for the purpose of trafficking, one count of possession of crack cocaine for the purpose of trafficking, one count of possessing proceeds of crime, and another of breach of probation and was sentenced to two years less a day imprisonment and three years’ probation. He had appealed his criminal convictions to the Ontario Court of Appeal. The Court of Appeal heard the matter on March 20, 2019 and, in a decision released on March 25, 2019, denied the appeal (R. v. Basha, 2019 ONCA 236 DATE: 20190325 DOCKET: C64594, C64966).

3During closing submissions the applicant conceded that if he lost his appeal then his application for registration could not succeed. In light of the applicant’s concession and the outcome of the appeal of his convictions, I order Registrar’s carry out his proposal to deny the applicant registration as a motor vehicle sales person.