Licence Appeal Tribunal
Safety, Licensing Appeals and Standards Tribunals Ontario
Tribunal d’appel en matière de permis
Tribunaux de la sécurité, des appels en matière de permis et des normes Ontario
Appeal from a Notice of Proposal by the Registrar, Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch. B to Revoke Registration
CONSENT ORDER
Order made by: Jacqueline Castel, Member
Date of Order: December 14, 2020
1The Appellant requested a hearing before the Licence Appeal Tribunal (the “Tribunal”) to appeal the respondent’s proposal to refuse his registration.
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.
3I have considered the Minutes of Settlement, signed by both parties and filed with the Tribunal, in which the parties set out the order requested.
4Therefore, on consent of the parties, and pursuant to s. 6(2) 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:
Mr. Zahid will comply with all requirements of the MVDA, Ontario Regulation 333/08, and the Code of Ethics in Ontario Regulation 332/08, as amended from time to time.
Mr. Zahid will provide the Registrar with notice in writing, within five (5) days, of any substantive changes to the information he previously provided to the Registrar in obtaining his registration.
Mr. Zahid will not be the final signatory on any sales or lease contracts on behalf of his sponsoring dealer.
Mr. Zahid will provide the Registrar with full and complete disclosure when asked a question or directed to provide information, in all future correspondence and on all future applications, regardless of whether or not disclosure has been made previously to the Registrar.
Mr. Zahid agrees to pay any outstanding judgments or court orders against him immediately upon them becoming due or to enter into payment arrangements acceptable to his creditor.
Mr. Zahid will provide the Registrar with notice in writing, within five (5) days, of any future statements of claim, judgements or bankruptcy proceedings involving Mr. Zahid.
Pursuant to section 31(1) of Ontario Regulation 333/08, Mr. Zahid will provide, within five (5) days, notice in writing to the Registrar of any findings of guilt, convictions and/or pending charges under any law in any jurisdiction, with the exception of those commenced or prosecuted under Part I or Part II of the Provincial Offences Act.
Mr. Zahid will provide his sponsoring dealer with notice in writing, within five days, of any findings of guilt, convictions and pending charges as they occur in the future. Mr. Zahid will provide the Registrar with a copy of the notification acknowledged by the signature of the sponsoring dealer.
Mr. Zahid confirms that the particulars and circumstances of the findings of guilt, convictions and pending charges he has incurred to date are substantially as disclosed to the Registrar.
Upon submitting an application for the renewal of his registration, Mr. Zahid shall provide the Registrar with the results of a current “Police Information Check” or a report from Backcheck.com he has obtained for that purpose, or a similar document acceptable to the Registrar. The Police Information Check results must include any available outstanding entries (pending charges) as well as any absolute/conditional discharges, judicial orders or stayed charges. For clarity, “current” means that it was obtained within the past 30 days. Mr. Zahid is responsible for any fees or costs incurred in obtaining this document.
Mr. Zahid shall also provide a Police Information Check or myBackCheck.com report to the Registrar within 90 days of the coming into force of these conditions.
The Registrar is relying on the accuracy and completeness of all documents, statements or information provided by Mr. Zahid in support of Mr. Zahid’s application for registration.
Mr. Zahid acknowledges that the Registrar may take further administrative action, including a proposal to suspend or revoke registration, arising from any matters that have occurred or may onoccur related to honesty and integrity, financial responsibility or compliance with these terms and conditions.
The Terms and Conditions contained in this document shall be in force for a period of three (3) years from the date of the Order of the Licence Appeal Tribunal.
Mr. Zahid will ensure that the sponsoring dealer is informed of the Terms and Conditions contained in this document, and shall provide the Registrar with proof thereof within five (5) days of the date of the Order of the Licence Appeal Tribunal.
If Mr. Zahid’s registration is transferred to another, or additional, sponsoring dealer, he will ensure that the new sponsoring dealer is informed of the Terms and Conditions contained in this document, and shall provide the Registrar with proof thereof within five (5) days of the transfer.
LICENCE APPEAL TRIBUNAL
Jacqueline Castel, Member
Released: December 14, 2020