1357099 Ontario Inc. o/a Expert Auto Lease and Sales v. Registrar of Motor Vehicles, 2019 CanLII 51295

Date: 2019-05-29

Appeal under Section 9(5) of the Motor Vehicle Dealers Act, 2002, S.O. 2002, c.30 Sch.B from a Notice of Proposal to Revoke Registration

Between:

1357099 Ontario Inc. o/a Expert Auto Lease and Sales

and

Robert Alan Dickson

Appellants

and

Registrar of Motor Vehicles

Respondent

ORDER DISMISSING APPEAL

Order made by: Asad Ali Moten, Member

Date of Order: May 29, 2019

1This matter arises from an appeal of a Notice of Proposal to Revoke Registration issued by the Registrar on October 31, 2018. The Registrar proposes to revoke 1357099 Ontario Inc. o/a Expert Auto Lease’s registration as a motor vehicle dealer, and Robert Alan Dickson’s registration as a motor vehicle salesperson. The appellants bring this appeal on the basis that the allegations contained in the Notice of Proposal are not true, and the appellants are the victims of someone else interfering with their application process.

2Case conferences were held on February 26, 2019 and March 20, 2019. The matter was set down for a hearing on April 29, 2019 following no Notice of Withdrawal from the appellants. At the hearing, counsel for the Registrar appeared and advised that he had not received an Agreed Statement of Facts or a Notice of Withdrawal from the appellants. The appellants also did not appear at the hearing, and were unable to be contacted. The Tribunal issued a Notice of Intent to Dismiss the Appeal as abandoned on May 7, 2019.

3The appellants were provided with five days after issuance of the Notice of Intent to Dismiss the Appeal within which to provide an explanation as to their absence. Within those five days, the Tribunal received no communication from the appellants. The Tribunal took the additional step to reach out to the appellants the day before submissions were due. Still, no response.

4The Registrar advised that they, also, have received no communication from the appellants.

5Therefore, the Tribunal finds that the appellants have abandoned the proceeding. Pursuant to Rule 3.4 of the Licence Appeal Tribunal, Animal Care Review Board, and Fire Safety Commission Common Rules of Practice and Procedure, Version I (October 2, 2017) and following the issuance of the Notice of Intent to Dismiss the Appeal dated May 7, 2019, the Tribunal orders that this appeal be dismissed.