Tribunal File Number: 13271/MVDA
Appeal from a Proposal of the Registrar under the Motor Vehicle Dealers Act, R.S.O. 2002, c. 30, Sch. B, to Refuse Registration
CONSENT ORDER
Order Made by: Ian Maedel, Vice Chair
BACKGROUND
1This is an appeal from a Notice of Proposal issued by the Registrar under the Motor Vehicles Dealers Act, 2002 (“Act”), to revoke the registration of Kunal Sharma (“the appellant”) as a motor vehicle salesperson pursuant to s. 9 of the Act.
2The parties have advised the Tribunal that they were able to agree upon a settlement of all outstanding issues in this matter have requested that the terms of settlement be incorporated into a Consent Order disposing of this proceeding.
3In accordance with s. 4.1 of the Statutory Powers and Procedure Act, the parties do hereby waive the requirements of 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 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 for the week of August 16, 2021 is cancelled.
7This Tribunal file shall be closed.
LICENCE APPEAL TRIBUNAL
_______________________
Ian Maedel, Vice Chair
Released: June 29, 2021
Schedule “A”
LICENCE APPEAL TRIBUNAL
IN THE MATTER OF the Motor Vehicle Dealers Act, 2002, S.O. 2002, Chapter 30, Schedule B and Regulations, as amended
BETWEEN:
KUNAL SHARMA
Appellant
-and-
REGISTRAR, MOTOR VEHICLE DEALERS ACT, 2002
Respondent
TO: Licence Appeal Tribunal Safety, Licencing Appeals & Standards Tribunals Ontario (SLASTO) PO Box 250 Toronto, ON M7A 1N3
FROM: The Registrar (Respondent) Motor Vehicle Dealers Act, 2002 OMVIC 65 Overlea Blvd., Suite 300 Toronto, ON M4H 1P1
AND FROM: Kunal Sharma (Appellant)
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (MVDA), Kunal Sharma (the Appellant) and the Registrar, Motor Vehicle Dealers Act, 2002, (the Registrar), in accordance with section 4.1 of the Statutory Powers Procedure Act, 1990, do hereby waive the requirement of a hearing and consent to an Order of the Licence Appeal Tribunal based upon the following conditions of registration:
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 shall read all correspondence and bulletins from OMVIC, as released.
b. For the period of three (3) years, the Appellant shall neither be a final signing authority nor controlling mind of a motor vehicle dealer.
c. For the period of three (3) years, the Appellant shall not be a partner, shareholder, officer, director, person in charge, dealer administrator or have direct or indirect control of a motor vehicle dealer.
d. For the period of three (3 years, the Appellant shall not apply to be registered as a motor vehicle dealer.
e. For the period of three (3) years, the Appellant shall obtain the Registrar’s approval, prior to applying to transfer his license to another motor vehicle dealer.
f. 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.
g. The Appellant shall, within five (5) days after the occurrence of the event, notify the Registrar in writing of having been charged under any law or disposition of any pending charge. The Appellant shall comply with any and all recognizances, dispositions and/or probation orders, if imposed.
h. The Appellant hereby confirms that the particulars and circumstances of the findings of guilt, convictions and pending charges are substantially as disclosed to the Registrar.
i. The Appellant hereby acknowledges that the Registrar may take further administrative and/or enforcement action, including a proposal to suspend or revoke registration, arising from any matters that have occurred or may occur related to the Appellants’ fitness for registration or compliance with MVDA, Ontario Regulation 333/08, Ontario Regulation 332/08 or these Conditions.
j. The Appellant shall notify his sponsoring dealer (current or future) of these conditions of registration. The Appellant will provide the Registrar with an acknowledgement signed by his current sponsoring dealer within five (5) days of execution of this document, and in the future within ten (10) days of change of employment.
Signed in Mississauga, this day of June, 2021.
Kunal Sharma
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Signed in Toronto, this day of June, 2021.
John Carmichael