Licence Appeal Tribunal
Tribunal File Number: 13393/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
Between:
Tatiana Walker
Appellant
and
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
Order Made by: Ian Maedel, Vice Chair
Date of Order: July 29, 2021
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 Tatiana Walker (“the appellant”) as a motor vehicle salesperson pursuant to 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. 6(2) of the Act and 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 parties, 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.
6Any hearing dates scheduled for this matter shall be vacated.
7The Tribunal file shall be closed.
LICENCE APPEAL TRIBUNAL
Ian Maedel, Vice Chair
Released: July 29, 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: Tatiana Walker c/o Eagle Car Sales Services 580 Colby Drive Waterloo, ON N2V 1A2
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “MVDA”), Ms. Tatiana Walker (“Walker”) 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. :
Walker will be registered as a motor vehicle salesperson subject to the requirements outlined in the MVDA and the terms and conditions contained herein.
Walker 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.
Walker will not trade with any person acting as a motor vehicle dealer without first confirming that the person is registered as a motor vehicle dealer in accordance with the MVDA.
Walker 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 contract. Walker further acknowledges that this includes attendance at auction on behalf of the sponsoring 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.
Walker will not be the final signatory on any sales or lease contracts on behalf of her sponsoring dealer.
Walker agrees to enrol in the Ontario Motor Vehicle Industry Council's Automotive Certification Course (“Certification Course”) within 60 days of this order and to be responsible for all fees in relation to enrolment. Walker further agrees to pass the Certification Course within 60 days of enrolling in this course.
Walker shall only be employed as a salesperson at a registered dealer with the approval of the Registrar and such approval shall not be unreasonably withheld. Walker’s employment as a salesperson shall not be transferred to another registered dealer unless that transfer is approved beforehand by the Registrar and such approval shall not be unreasonably withheld.
Walker shall ensure that her sponsoring dealer is informed of the Terms and Conditions contained in this document and shall provide the Registrar with proof thereof within five (5) days of the transfer. If Walker’s registration is transferred to another, or additional, sponsoring dealer, she shall ensure that the new sponsoring dealer is informed of the Terms and Conditions contained in this document, and shall provide the Registrar with proof thereof within five (5) days of the transfer.
Walker 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.
This Order is not an admission of guilt of any wrongdoing by any of the parties to this Order.
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.
Tatiana Walker
Date:
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
John Carmichael, Registrar
Date: