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

Date: 2020-11-03

Appeal from a Proposal of the Registrar under the Motor Vehicle Dealers Act, R.S.O. 2002, c. 30, Sch. B, to Refuse Registration

Between:

Omar Matthews o/a Iconic Autos Appellant

and

Registrar, Motor Vehicle Dealers Act, 2002 Respondent

CONSENT ORDER

Order Made By: Jeanie Theoharis, Vice-Chair

Date of Order: November 03, 2020

Background

1Omar Matthews (the “appellant”) requests a hearing by the Tribunal regarding the Registrar’s Notice of Proposal dated July 13, 2020. The Registrar proposes to refuse the registration of the appellant as a motor vehicle dealer under section 9 of the Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Schedule B (the “Act”). The Registrar asserts that the appellant is disentitled to registration under ss. 6(1)(a)(ii) and (iii) of the Act based on the appellant’s past conduct and provision of a false statement in his application for registration.

2The parties attended a case conference on September 14, 2020. The parties were unable to resolve the issues in dispute and a hearing was scheduled to proceed on January 12-14, 2021.

3On or about October 8, 2020, the parties submitted to the Tribunal a signed agreement indicating that, in accordance with s. 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, they waive the requirements of a hearing and consent to an Order of the Licence Appeal Tribunal based on the agreed-to terms and conditions.

4Pursuant to the signed agreement, the parties agreed to the following terms and conditions:

a. Matthews agrees to withdraw his application to be registered as a motor vehicle dealer operating as Iconic Autos.

b. The Registrar agrees to grant registration to Matthews as a motor vehicle salesperson.

c. Matthews shall not apply to be a motor vehicle dealer for a period of one year. This one-year period will commence at the completion of his probationary period ordered by the court.

d. Matthews acknowledges that his registration as a motor vehicle salesperson shall be subject to the conditions detailed hereunder.

e. Matthews will not to be a partner, shareholder, officer, director, or have direct or indirect control of a dealer for a period of one year. This one-year period will commence at the completion of his probationary period ordered by the court.

f. Matthews will not be a manager, person in charge or be involved in the financial management of a dealer for a period of one year. This one-year period will commence at the completion of his probationary period ordered by the court.

g. Matthews will not be the final signatory on any contracts in relation to a trade of a motor vehicle on behalf of the dealer for a period of one year. This one-year period will commence at the completion of his probationary period ordered by the court.

h. Any sponsoring dealer that Matthews applies to be registered to must be approved by the Registrar’s office in advance of registration being granted and such approval shall not be unreasonably withheld.

i. Matthews will notify his sponsoring dealer(s)—in writing—of any findings of guilt, convictions and/or pending charges within 5-days of the event. Matthews will provide the Registrar with a copy of the notification acknowledged by the signature of the sponsoring dealer.

j. Matthews 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.

k. Matthews confirms that the particulars and circumstances surrounding his findings of guilt, convictions and pending charges are substantially as he has disclosed to the Registrar.

5Furthermore, the appellant acknowledged as follows:

a. Matthews acknowledged that the Registrar is relying on the accuracy and completeness of all documents, statements or information provided by him in support of his registration under the Motor Vehicle Dealers Act, 2002.

b. Matthews acknowledged that the documents, information or statements provided to the Registrar in support of registration are true to the best of his knowledge and belief; and that full answer to all questions, inquiries and requests made by the Registrar in connection with the application for registration have been given.

c. Matthews acknowledged 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 occur related to honesty and integrity, financial responsibility or compliance with these terms and conditions.

d. Matthews acknowledged that he has had the opportunity to obtain and/or has obtained independent legal advice respecting consent to the terms and conditions contained in this document.

ORDER

6Pursuant to s. 4.1 of the SPPA and s. 9(5) of the Act, and on the consent of the parties, I dispose of this proceeding without a hearing and accept the appellant’s agreement to withdraw his application to be registered as a motor vehicle dealer operating as Iconic Autos.

7The appellant’s request for a hearing before this Tribunal is withdrawn, and the Tribunal will close the file.

8The case conference scheduled for November 24, 2020 is vacated.

9The hearing dates on January 12-14, 2021, are vacated.