Appeal from a Notice of Proposal of the Registrar, Motor Vehicle Dealers Act, 2002, S.O. 2002, c.30, Sch. B - to Refuse Registration
CONSENT ORDER
ADJUDICATOR: Stephen Scharbach, Member
1Leeroy Auto Inc. (“appellant”) requested a hearing before this Tribunal to consider a proposal issued by the Registrar under the Motor Vehicle Dealers Act, 2000 (“Registrar”) to refuse its application for registration as a motor vehicle dealer.
2A hearing was scheduled for December 14, 2021. However, the parties were able to reach an agreement involving granting the appellant registration subject to conditions. That written agreement containing the agreed conditions was signed by the parties and is attached to this Order as Schedule “A”.
3Pursuant to s. 4.1 of the Statutory Powers Procedure Act, the parties waive the requirement of a hearing, and request that this appeal be disposed of by the Tribunal issuing a consent Order in accordance with Schedule “A”.
4Accordingly, the Tribunal makes the following order on consent:
ORDER
5The Registrar shall register Leeroy Auto Inc. as a motor vehicle dealer subject to the conditions set out in Schedule “A”, attached to this Order.
LICENCE APPEAL TRIBUNAL
Stephen Scharbach, Member
Released: December 16, 2021
TO: Licence Appeal Tribunal Tribunals Ontario Safety, Licensing Appeals and Standards Division PO Box 250 Toronto, ON M7A 1N3
FROM: The Registrar, Motor Vehicle Dealers Act, 2002 Ontario Motor Vehicle Industry Council 65 Overlea Blvd., Suite 300 Toronto, ON M4H 1P1
AND FROM: Leeroy Auto Inc. 2781 Thamesgate Drive Mississauga, ON L4T 1G5
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “MVDA”), Leeroy Auto Inc. (“Leeroy Auto”) 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 conditions:
GENERAL
Leeroy Auto will be registered as a motor vehicle dealer subject to the requirements outlined in the MVDA and the terms and conditions contained herein.
Leeroy Auto shall comply with all requirements of the MVDA and Ontario Regulation 333/08, the Code of Ethics in Ontario Regulation 332/08 and the Ontario Motor Vehicle Industry Council (“OMVIC”) Standards of Business Practice, 2010, as may be amended from time to time.
Pursuant to section 6(1.1) of the MVDA, Leeroy Auto will comply with the Registrar’s request(s) for:
(a) information specified by the Registrar that is relevant to the decision to be made by the Registrar as to whether or not to grant a renewal of Leeroy Auto’s registration; and
(b) verification, by affidavit or otherwise, of any information described in clause (a) that Leeroy Auto is providing or has provided to the Registrar.
Leeroy Auto will provide the Registrar with notice in writing, within five days, of any substantive changes to its business plan, or to the information it provided to the Registrar in obtaining its registration, pursuant to section 31 of Ontario Regulation 333/08.
Leeroy Auto will provide the Registrar with notice in writing, within five days, of any change of its officers or directors, pursuant to section 24 of the MVDA. Leeroy Auto further agrees to notify the Registrar of any change of its person(s) in charge, and the bank signing authority for its dealership. Leeroy Auto further agrees not to effect such changes without first obtaining the Registrar’s approval in writing, which shall not be unreasonably withheld by the Registrar.
ACKNOWLEDGMENT AND UNDERTAKING
Leeroy Auto 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 occur related to honesty and integrity, financial responsibility or compliance with these terms and conditions.
The Conditions contained in this document shall be in force for a period of two (2) years from the date of the Order of the Licence Appeal Tribunal.
Leeroy Auto Inc.
Date:
I have the authority to bind the corporation.
These Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date: