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: 2020-11-04

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:

Lawrence Dei Appellant

and

Registrar, Motor Vehicle Dealers Act, 2002 Respondent

CONSENT ORDER

Order Made By: Jeanie Theoharis, Vice-Chair

Date of Order: November 4, 2020

Background

1Lawrence Dei (the “appellant”) requests a hearing by the Tribunal regarding the Registrar’s Notice of Proposal dated April 24, 2020. The Registrar proposes to refuse the registration of the appellant as a motor vehicle salesperson 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 were unable to resolve the issues in dispute at a case conference and a hearing was scheduled to proceed in November 2020.

3On or about November 2, 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. The appellant shall comply with all requirements of the MVDA and Ontario Regulation 333/08, the Code of Ethics in Ontario Regulation 332/08, the Ontario Motor Vehicle Industry Council (“OMVIC”) Standards of Business Practice, 2010 and OMVIC Guidelines, as may be amended from time to time. The appellant further agrees to read all correspondence and bulletins from OMVIC as released.

b. The appellant shall provide the Registrar with notice in writing, within five days, of any substantive changes to any information provided in obtaining his registration, pursuant to section 31 of Ontario Regulation 333/08.

c. The appellant shall promptly comply with any reasonable requests for information and/or documentation, made by or on behalf of the Registrar, in the form and within the time period specified. If the appellant is unable to do so, he will promptly notify the Registrar, in writing, and provide a fulsome explanation for the delay and/or non-compliance.

d. The appellant acknowledges that "trade" refers to buying, selling, leasing, advertising or exchanging an interest in a motor vehicle or negotiating or inducing or attempting to induce the buying, selling, leasing or exchanging of an interest in a motor vehicle as defined in the MVDA and pursuant to section 36 through to and including section 51 of Ontario Regulation 333/08; and is not limited to the signing of contracts. The appellant further acknowledges that this includes attendance at auctions and positions commonly referred to as Sales Manager, Finance and Insurance Manager, Branch Manager, Business Manager, General Manager or any individual who has supervisory authority over salespersons.

e. The appellant shall ensure that his registration will not be used to trade in motor vehicles where the appellant knows, or ought to know, that it will facilitate an illegal or unethical practice.

f. The appellant shall ensure that all management, supervisors, co-workers, personnel, agents, assignees or anyone acting on behalf of the appellant, are informed of the Terms and Conditions contained in the signed agreement to the extent necessary to ensure compliance with the Terms and Conditions.

g. The appellant shall inform his sponsoring dealer (Martin’s Auto Sales) and any future sponsoring dealer of the Terms and Conditions contained in the signed agreement.

h. The appellant will not to be a manager, person-in-charge, partner, shareholder, officer, director or controlling mind of a dealer, for a period of two years.

i. The appellant will not be the final signatory on any sales or lease contracts on behalf of the dealer, for a period of two years.

j. The appellant will not transfer his registration as a salesperson under the MVDA to another registrant without having first obtained prior written consent of the Registrar.

k. The appellant agrees to provide a business email address within 10 days of the signing of the Terms and Conditions of the signed agreement.

l. The appellant shall provide the Registrar and the sponsoring dealer with notice in writing, within 5 days, of any new or future findings of guilt, convictions, withdrawn, stayed or pending charges. The appellant shall provide the Registrar with a copy of the notice acknowledged by a signature from the sponsoring dealer.

m. The appellant shall 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.

n. The appellant confirms that the particulars and circumstances of any findings of guilt, convictions, withdrawn, stayed or pending charges, are substantially accurate and fulsome as has been disclosed to the Registrar.

o. The appellant shall provide a “Police Information Check” or a report from Backcheck.com upon renewal. The Police Information Check results should include any available outstanding entries (pending charges) as well as any absolute/conditional discharges, judicial orders or stayed charges.

5Furthermore, the appellant acknowledged as follows:

a. The Registrar is relying on the accuracy and completeness of all documents, statements and information provided by the appellant in support of the appellant’s registration. This also includes the letter dated October 19, 2020, signed by the appellant and his current sponsoring dealer, which describes the practices and procedures in place to supervise the appellant.

b. The documents, information and statements provided to the Registrar, are true to the best of the appellant’s knowledge, and belief; and that full answer to all questions, inquiries and requests made by the Registrar in connection with the appellant’s registration has 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 the terms and conditions in the signed agreement.

d. Independent legal advice has been obtained or the appellant has had the opportunity to obtain independent legal advice respecting consent to the Terms and Conditions contained in the signed agreement.

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 and respondent’s consent to resolve this appeal.

7The appellant’s request for a hearing is resolved on consent, and the Tribunal will close the file.

8The hearing dates on November 5 and 13, 2020, are vacated.