1964646 Ontario Inc. o/a Automarket v. Registrar, Motor Vehicle Dealers Act, 2002, 2021 CanLII 40630

Date: 2021-05-12

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

Between:

1964646 Ontario Inc. o/a Automarket, Arnas Jankauskas,

and John M. Wilton

Appellants

and

Registrar, Motor Vehicle Dealers Act, 2002

Respondent

CONSENT ORDER

Order Made by: Ian Maedel, Vice Chair

Date of Order: May 12, 2021

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 1964646 Ontario Inc. o/a Automarket as a motor vehicle dealer and to revoke the registration of Arnas Jankauskas and John M. Wilton as a motor vehicle salespersons 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. 6(2) of the Act and 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 Appellants and the Registrar, the Tribunal, pursuant to the Motor Vehicles Dealers Act, 2002 directs and orders that the Appellants 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 for this matter shall be vacated.

7This Tribunal file shall be closed.

LICENCE APPEAL TRIBUNAL

_______________________

Ian Maedel, Vice Chair

Released: May 12, 2021

Schedule “A”

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: 1964646 Ontario Inc. o/a Automarket 700 York Road Guelph, ON N1E 6A5

AND FROM: Arnas Jankauskas

AND FROM: John M. Wilton

Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “MVDA”), 1964646 Ontario Inc. o/a Automarket (“Automarket”), Arnas Jankauskas (“Jankauskas”) and John M. Wilton (“Wilton”) (collectively, the “Registrants”) 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:

1. The Registrar agrees that Automarket will be registered as a motor vehicle dealer and also that Jankauskas and Wilton will be registered as motor vehicle salespersons for Automarket, subject to the requirements outlined in the MVDA and the terms and conditions contained herein.

2. The Registrants 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. The Registrants further agree to read all correspondence and bulletins from OMVIC, including all OMVIC guidelines, as released.

3. Automarket will provide the Registrar with notice in writing, within five days, of any change in the officers or directors of the corporation, pursuant to section 24 of the MVDA. The Registrant further agrees to notify the Registrar of any change in partners or owner, person(s) in charge, and signing authority for the dealership.

4. Automarket 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 Registrant further acknowledges that this includes attendance at auction on behalf of the Registrant 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.

5. Automarket will ensure that all personnel, agents, assignees or anyone acting on behalf of the Registrant are informed of the Terms and Conditions contained in this document to the extent necessary to ensure compliance with these Terms and Conditions.

6. Automarket will ensure that all personnel, agents, assignees or anyone acting on behalf of the Registrant to trade motor vehicles will be registered as a salesperson to the Registrant.

7. Automarket will not permit the involvement Wayne Walker nor Tatiana Walker (directly or indirectly) in the operation of the dealership, without the consent of the Registrar. This includes, but is not limited to any involvement in any administrative, supervisory, management, financing or customer service capacity.

8. Jankauskas and Wilton each agree to immediately enrol in the Ontario Motor Vehicle Industry Council's Automotive Certification Course (“Certification Course”) and to be responsible for all fees in relation to enrolment. Jankauskas and Wilton further agree to pass the Certification Course within 60 days of the application being approved.

9. The Registrants acknowledge 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.

10. 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.

1964646 Ontario Inc. o/a Automarket