Licence Appeal Tribunal
Appeal from a Notice of Proposal by the Registrar, Motor Vehicle Dealers Act, 2002 to Refuse Registration
Between:
Gary Cloney Appellant
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
Order Made by: Raymond Ramdayal, Member Date of Order: July 12, 2021
1The appellant, Gary Cloney, appeals the Registrar’s Notice of Proposal to refuse his registration as a motor vehicle salesperson under the Motor Vehicle Dealers Act, 2002 (the “Act”). The Registrar is of the position that Mr. Cloney’s past conduct is inconsistent with the intention and objective of the Act and therefore warrants his disentitlement to registration under the Act.
2The parties were scheduled to participate in a two-day videoconference hearing on June 29 and 30, 2021, however, there was a request to vacate these dates because an agreement had been reached. The parties are now requesting a consent order including conditions of registration.
3The parties, as part of the signed agreement, and in agreeing to the conditions imposed, acknowledge the following:
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “MVDA”), Gary Cloney (the “Registrant”), 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 request an Order of the Licence Appeal Tribunal based upon the following terms and conditions:
REGISTRATION
a) The Registrant will 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 Registrant further agrees to read all correspondence and bulletins from OMVIC as released.
b) The Registrant shall provide the Registrar with notice in writing, within five days, of any substantive changes to any information provided in obtaining his registration, pursuant to section 31 of Ontario Regulation 333/08.
c) The Registrant shall promptly comply with any reasonable requests for information and/or documentation, made by or on behalf of the Registrar, in the form and within the time period specified. If the Registrant is unable to do so, he will promptly notify the Registrar, in writing, and provide a fulsome explanation for the delay and/or non-compliance.
d) The Registrant shall inform his sponsoring dealer (Ofner’s Auto Sales Inc) and any future sponsoring dealer of the Terms and Conditions contained in this document.
GENERAL
e) The Registrant shall not be partner, shareholder, officer, director or controlling mind of a motor vehicle dealer.
f) The Registrant shall not be the final signatory on any sales or lease contracts in relation to trades of motor vehicles made on behalf of the dealer.
g) The Registrant shall not transfer his registration as a salesperson under the MVDA to another registrant without having first obtained prior written consent of the Registrar. Such consent shall not be unreasonably withheld.
h) These Terms and Conditions shall remain effective from the date of approval of the registration for a period of two years, at which time the Registrant may request for the removal or amendment of said conditions. Consent for removal or amendment of such conditions shall not be unreasonably withheld.
CRIMINAL RECORD
i) The Registrant shall provide his sponsoring dealer with notice in writing and within five days of any findings of guilt, convictions and pending charges in the future. The Registrant shall provide the Registrar with a copy of the notification acknowledged by the signature of the sponsoring dealer.
j) The Registrant 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.
k) The Registrant confirms that the particulars and circumstances of the findings of guilt, convictions and pending charges are substantially as disclosed to the Registrar.
l) The Registrant shall provide a “Police Information Check” or a report from Backcheck.com upon renewal. The Police Information Check results must include any available outstanding entries (pending charges) as well as any absolute/conditional discharges, judicial orders or stayed charges.
4On review of the terms of the agreement, I am satisfied that the Tribunal has the jurisdiction to grant the consent order on the terms as noted.
5Section 6(2) of the Act states that:
A registration is subject to such conditions as are consented to by the applicant or registrant, as are applied by the registrar under section 9, as are ordered by the Tribunal or as are prescribed. 2002, c. 30, Sched. B, s. 6 (2).
6Section 4.1 of the Statutory Powers Procedure Act (the SPPA), states that where the parties consent, a proceeding may be disposed of by a decision of the Tribunal without a hearing.
7Because a hearing in this matter was not completed, I am of the opinion that section 4.1 of the SPPA applies, and the consent of the parties gives me jurisdiction to issue a consent order without deciding the merits of the case.
On consent of the parties, and without a decision on the merits of the proceeding, pursuant to section 4.1 of the Statutory Powers Procedure Act, I order that the consent order be carried out.
LICENCE APPEAL TRIBUNAL
__________________________
Raymond C. Ramdayal, Member
Released: July 12, 2021