Appeal from the Registrar’s proposal under the Motor Vehicle Dealers Act, R.S.O. 2002, c. 30 to refuse registration
Between:
Urcar Inc. and Mohammed P. Younis
Appellants
and
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
ORDER
Order Made By: Jeanie Theoharis, Vice-Chair
BACKGROUND
1Urcar Inc. and Mohammed P. Younis (Appellants) appeal the Registrar’s Notice of Proposal dated March 7, 2019. The Registrar proposes to refuse the registration of Urcar Inc. as a motor vehicle dealer and to refuse the registration of Younis as a salesperson under section 9 of the Motor Vehicle Dealers Act, R.S.O. 2002, c. 30, Schedule B (“Act”).
2The parties attended a case conference on May 9, 2019 and were unable to resolve the issues in dispute. A hearing was scheduled to proceed on July 23 and 24, 2019.
3On or about July 18, 2019, the parties submitted, to the Tribunal, a signed agreement indicating that pursuant to subsection 6(2) of the Act, 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 parties acknowledge and undertake the following:
a. The Registrar is relying on the accuracy and completeness of all documents, statements and information provided by Urcar and Younis in support of its respective applications for registration.
b. The documents, information or statements provided to the Registrar are true to the best of the Urcar’s and Younis’ knowledge, and belief; and that full answer to all questions, inquiries and requests made by the Registrar in connection with both parties’ application have been given.
c. 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.
d. Independent legal advice has been obtained or Urcar and Younis have had the opportunity to obtain independent legal advice respecting consent to the Terms and Conditions contained in this document.
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 appellants’ registrations as a motor vehicle dealer and salesperson be issued subject to the following conditions that are consented to by the appellants and the respondent:
a. Urcar and Younis agree to comply with all applicable provisions of the MVDA; it’s General Regulations, Ontario Regulation 333/08, and; its Code of Ethics, Ontario Regulation 332/08. Specifically, but not exclusively, to maintain records in accordance with sections 52, 53, 54, 56, and 57 of Ontario Regulation 333/08.
b. Younis, Urcar, or any of its employees or agents shall not obstruct an inspection by a representative of the Registrar. Urcar and Younis further agree to provide free access to books and records of Urcar to any authorized representative of the Registrar.
c. Marcel Motors Ltd o/a Eastside Better Used Cars or Nitin Chopra shall not have any direct or indirect involvement in the operation of Urcar.
d. Urcar shall not receive any new private sources of financing without the prior approval of the Registrar, which shall not be unreasonably denied. This does not apply where the Registrant has applied on his own account and has obtained financing from a corporation registered under the Loan and Trust Corporations Act, The Bank Act or from a credit union or league to which the Credit Unions and Caisses Popularies Act applies, as may be amended from time to time.
e. Younis shall complete Georgian College’s online “Automotive Record Keeping” course within 120 days of the date of this agreement.
f. Younis and all employees, agents, designates of Urcar shall act professionally with representatives of the Registrar, at all times.
7The July 23 and 24, 2019 hearing dates are vacated.
LICENCE APPEAL TRIBUNAL
Jeanie Theoharis, Vice-Chair
Released: July 19, 2019