Tribunal File Number: 12893/MVDA
Appeal from a Notice of Proposal by the Registrar, Motor Vehicles Dealers Act, 2002, to Revoke Registration
Bernard Joseph
Appellant
and
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
Order Made by: Ian Maedel, Vice Chair
BACKGROUND
1This is an appeal from a Notice of Proposal issued by the Registrar pursuant to s. 9 of the Motor Vehicle Dealers Act, 2002 (“the Act”) to revoke the registration of Bernard Joseph (“the Appellant”) as a salesperson under the Act.
2The parties have advised the Tribunal that they were able to agree upon a settlement of all outstanding issues in this matter and have requested that the terms of settlement be incorporated into a Consent Order disposing of this proceeding.
3The parties apply under s. 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 for an order of the Tribunal to dispose of this matter without a hearing.
ORDER AND DIRECTION
4Accordingly, on the consent of the parties and upon having reviewed the agreement signed by the Appellant and the Registrar, the Tribunal, pursuant to the Motor Vehicles Dealers Act, 2002 directs and orders that the Appellant shall be bound by the terms of the consent agreement signed and executed by all of the parties.
5The signed agreement is appended as Schedule “A” to this Order.
6The hearing scheduled on May 5, 2021 shall be vacated.
7This Tribunal file shall be closed.
LICENCE APPEAL TRIBUNAL
_________________________
Ian Maedel, Vice Chair
Released: April 28, 2021
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: Bernard Joseph c/o Team Chrysler Jeep Dodge Inc. o/a Team Chrysler Jeep Dodge 777 Bancroft Drive Mississauga, ON L5V2Y6
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 Bernard Joseph (“Registrant”) and the Registrar, Motor Vehicle Dealers Act, 2002, (“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 (“Order”) based upon the following terms and conditions:
Registration:
The Registrant shall comply with all requirements of the Motor Vehicle Dealers Act, 2002 (“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 Registrant further agrees to read all correspondence and bulletins sent to him from OMVIC, as released.
The Registrant’s salesperson registration shall be subject to these Terms and Conditions for a period of 5 years from the date of this Order at which time, the Registrant may request for the removal or amendment of these Terms and Conditions.
The Registrant shall not apply to be a registered motor vehicle dealer under the MVDA, for a period of 5 years from the date of this Order.
The Registrant shall not be a partner, shareholder, director, officer, controlling mind and/or person-in-charge of any dealer for a period of 5 years from the date of this Order.
The Registrant acknowledges and understands 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 Registrant further acknowledges that this includes attendance at auctions on behalf of a dealer 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 Registrant shall not “trade” in motor vehicles where the Registrant knows, or ought to know, that it would facilitate an illegal or unethical practice.
The Registrant shall not act as a salesperson on behalf of any dealer other than the Registrant’s sponsoring dealer.
The Registrant will not transfer his registration as a salesperson under the MVDA to another dealer without having first obtained prior written consent of the Registrar.
The Registrant shall promptly inform his current and any future sponsoring dealer(s) about these Terms and Conditions and provide a copy of the Order.
The Registrant shall ensure that any employee or individual acting on behalf of the Registrant’s sponsoring dealer, is informed of the Terms and Conditions contained in this Order, to the extent necessary to ensure compliance with these Terms and Conditions.
The Registrant shall promptly respond to any correspondence made by a representative of the Registrar and provide any information, records or documents as reasonably requested.
Course Requirement:
- The Registrant shall enrol in the Ontario Motor Vehicle Industry Council Automotive Certification Course (“Certification Course”) and be responsible for all fees in relation to enrolment. The Registrant shall successfully pass the Certification Course by July 31, 2021.
Accountability and Financial Responsibility:
The Registrant was formerly the owner and sole officer and director of Stafford Motors Inc. (5446752). Stafford Motors’ registration terminated on or about July 30, 2020.
The Registrant acknowledges and understands that he will continue to be accountable and financially responsible for and on behalf of his former dealership Stafford Motors. This includes any and all acts and omissions conducted on behalf of Stafford Motors in respect of its obligations under the MVDA, its Regulations, OMVIC Standards of Business Practice and OMVIC Guidelines.
The Registrant has ensured that any outstanding third-party warranty remittances have been paid for and/or otherwise cancelled and the refund appropriately forwarded to the consumer.
The Registrant shall promptly respond to any correspondence made by a representative of the Registrar regarding any complaints related to Stafford Motors and shall exercise best efforts to resolve any complaints as recommended by the Registrar’s representative.
The Registrant shall ensure that any claim made to the Motor Vehicle Dealers Compensation Fund (the “Fund”) in relation to Stafford Motors, and the Fund determines entitlement to compensation under Ontario Regulation 338/08; that the Registrant shall reimburse the Fund for any monies paid in relation to the claim.
The Registrant shall comply with all federal, provincial and municipal tax obligations. The Registrant shall ensure all required filings are current and submitted with required payments.
Transaction Fee:
The Registrant understands that a transaction fee is payable on any sales or leases to non-dealer registrants, including sales or leases in exports, fleet transactions and consignments.
The Registrant has ensured that any outstanding transaction fees, on behalf of his former dealership Stafford Motors, have been remitted.
Acknowledgment and Undertaking:
The Registrar is relying on the accuracy and completeness of all documents, statements and information provided by the Registrant in support of the Registrant’s continued registration.
The documents, information or statements provided to the Registrar are true to the best of the Registrant's knowledge and belief; and that full answers to all questions, inquiries and requests made by the Registrar in connection with the Registrant’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 Terms and Conditions.
Independent legal advice has been obtained or the Registrant has had the opportunity to obtain independent legal advice respecting consent to the Terms and Conditions contained in this document.
Signed in the City of this day of 2021.
Bernard Joseph (signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
John Carmichael
Registrar