Tribunal File Number: 12408/MVDA
Appeal from a Notice of Proposal under the Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch. B. to Refuse a Registration
Between:
Aidin Najafi
Appellant
and
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
Order Made By: Jennifer Friedland
Appearances:
For the Appellant: Nicholas Decock, Counsel
For the Respondent: Jane Samler, Counsel
1Upon the application to the Tribunal by the appellant Aidin Najafi, and the respondent, the Registrar under the Motor Vehicle Dealers Act, 2002, for issuance of a Consent Order of the Tribunal without a hearing pursuant to section 4.1 of the Statutory Powers and Procedures Act, R.S.O. 1990, c. S.22; and
2Having reviewed the written settlement agreement signed by the appellant and the respondent which is attached to this Consent Order as Schedule ‘A’,
3Therefore, on consent of the parties, this Tribunal orders that the terms and conditions set out in Schedule ‘A” are incorporated into and made part of this Order and this matter is concluded and disposed of without a hearing.
LICENCE APPEAL TRIBUNAL
Jennifer Friedland, Member
Released: November 12, 2021
Schedule ‘A’
TO: Licence Appeal Tribunal Tribunals Ontario General Services 15 Grosvenor Street, Ground Floor Toronto, ON M7A 2G6
FROM: The Registrar Motor Vehicle Dealers Act, 2002 Ontario Motor Vehicle Industry Council 65 Overlea Blvd., Suite 300 Toronto, ON M4H 1P1
AND FROM: Aidin Najafi c/o Top Speed Auto Sales Inc. 59 Industrial Road, Unit 1 Richmond Hill, ON L4C 2Y2
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (“MVDA”) Aidin Najafi (the “Applicant”) and the Registrar, Motor Vehicle Dealers Act, 2002, (the “Registrar”), in accordance with section 4.1 of the Statutory Powers Procedure Act, do hereby waive the requirements of a hearing and consent to an Order of the Licence Appeal Tribunal based upon the following terms and conditions:
These conditions shall remain effective for a period of four (4) years from the date of this Order as issued by the Licence Appeal Tribunal. At which time, Aidin Najafi (the “Applicant”) may make a written request to the Registrar for the removal or amendment of said conditions, which will not be unreasonably withheld.
The Applicant shall ensure that any sponsoring dealer and individuals are informed of the conditions contained in this document to the extent necessary to ensure compliance with these conditions.
The Applicant shall comply with all requirements of the Motor Vehicle Dealers Act 2002 (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 Applicant further agrees to read all correspondence and bulletins from OMVIC as released.
The Applicant 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 Applicant further acknowledges that this includes attendance at auction on behalf of the Applicant 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.
The Applicant shall not act as a salesperson on behalf of any dealer other than the Applicant’s sponsoring dealer.
The Applicant shall not transfer his registration as a salesperson to another dealer without having first obtained prior written consent of the Registrar, which will not be unreasonably withheld.
The Applicant shall not conduct business with any person acting as a motor vehicle dealer and trading in motor vehicles without first confirming that the person is registered as a motor vehicle dealer.
The Applicant shall provide the Registrar with notice in writing, within five days, of any substantive changes to his role with his sponsoring dealer or information provided in obtaining his registration, pursuant to section 31 of Ontario Regulation 333/08.
The Applicant shall not be a partner, shareholder, officer, director, owner, bank signing authority, final signatory on contracts related to a trade of a motor vehicle, person-in-charge, or controlling mind of any dealer; nor shall the Applicant provide funds or act as an investor in relation to any dealer.
The Applicant shall not apply to be a dealer for a period of at least four (4) years.
The Applicant shall not be involved in the creation of books and records, which are false or misleading as to the true nature of a transaction involving the trade of a motor vehicle.
The Applicant shall ensure that his registration will not be used to trade in motor vehicles where the Applicant knows, or ought to know, that it could facilitate an illegal or unethical practice.
The Applicant shall forthwith comply with any reasonable requests for information, made on behalf of the Registrar.
CHARGES
The Applicant shall notify the Registrar, in writing, of any outstanding charges under any law, within five (5) days of same. This notification shall be acknowledged by signature of the Applicant and sponsoring dealer.
The Applicant shall notify the Registrar, in writing, of the disposition of any future charges, offences, findings of guilt (including absolute or conditional discharges), or convictions under any law, within five (5) days of same. This notification shall be acknowledged by signature of the Applicant and sponsoring dealer. The Applicant shall also comply with any and all sentences, penalties, recognizances, dispositions and/or probation orders.
The Applicant shall provide a ‘Criminal Record and Judicial Matters Check’ or a report from Backcheck.com upon renewal. The results should include any available outstanding entries (pending charges) as well as any absolute/conditional discharges or judicial orders.
DISCLOSURE
- The Applicant shall provide the Registrar with full and complete disclosure in all future correspondence and on all future applications and renewals, regardless of whether or not disclosure has been made previously to the Registrar.
OTHER
The documents, information or statements provided to the Registrar are true to the best of the Applicant's knowledge, and belief; and that full answer to all questions, inquiries and requests made by the Registrar in connection with the Applicant’s application have been given.
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 conditions.
Signed in the City of this day of 2021.
Aidin Najafi (signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
John Carmichael