Licence Appeal Tribunal
Appeal from a Notice of Proposal by the Registrar, Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch B to refuse a registration.
Between:
Brandon Ferris Appellant
-and-
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
Order Made by: Samia Makhamra, Adjudicator
Date of Order: August 13, 2021
BACKGROUND
1This is an appeal from a Notice of Proposal issued by the Registrar, Motor Vehicle Dealers Act, 2002 (“the Act”), to refuse the Appellant's application for registration as a motor vehicle salesperson under the Act.
2The parties have advised the Tribunal that they were able to agree upon a settlement 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 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 Tribunal will close this file.
LICENCE APPEAL TRIBUNAL
Samia Makhamra, Adjudicator
Released: August 13, 2021
Schedule “A”
TO: Licence Appeal Tribunal Tribunals Ontario Safety, Licensing Appeals and Standards Division P.O. 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: Brandon Mark Ferris c/o 1231525 Ontario Limited o/a Wharncliffe Auto Group 847 Wharncliffe Road South London, ON N6J 2N9
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002, Brandon Mark Ferris (“Ferris”) 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:
Ferris acknowledges that his registration as a motor vehicle salesperson shall be subject to the conditions detailed hereunder.
Ferris will not to be partner; shareholder; officer; director; person in charge; or have direct or indirect control of a dealer for a period of two years.
Ferris will not be the final signatory on any contracts in relation to a trade of a motor vehicle on behalf of the dealer for a period of two years.
Ferris will provide the Registrar’s office with a job description for his role at his sponsoring employer within five (5) days of his employment commencing. Ferris will notify the Registrar of any fundamental changes in his role within five (5) days of the change taking place.
Any sponsoring dealer that Ferris applies to be registered to must be approved by the Registrar’s office in advance of registration being granted and such approval shall not be unreasonably withheld.
Ferris will ensure that his sponsoring dealer is informed of the Terms and Conditions contained in this document and will provide the Registrar with proof thereof within five (5) days. If Ferris’ registration is transferred to another, or additional, sponsoring dealer, he will ensure that the new sponsoring dealer is informed of the Terms and Conditions contained in this document, and provide the Registrar with proof thereof within five (5) days of the transfer.
Ferris will notify his sponsoring dealer(s)—in writing—of any findings of guilt, convictions and/or pending charges within five (5) days of the event. Matthews will provide the Registrar with a copy of the notification acknowledged by the signature of the sponsoring Dealer.
Ferris will comply with the terms of his current probation and prohibition orders dated November 30, 2020.
Ferris will notify the Registrar of the outcome of any civil lawsuits against him within five (5) days of the Judgment.
Ferris will 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.
Ferris confirms that the particulars and circumstances surrounding his findings of guilt, convictions and pending charges are substantially as he has disclosed to the Registrar.
Ferris will 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.
ACKNOWLEDGMENT AND UNDERTAKING:
Ferris acknowledges that the Registrar is relying on the accuracy and completeness of all documents, statements or information provided by him in support of his registration under the Motor Vehicle Dealers Act, 2002.
Ferris acknowledges that the documents, information or statements provided to the Registrar in support of registration are true to the best of his knowledge and belief; and that full answer to all questions, inquiries and requests made by the Registrar in connection with the application for registration have been given.
Ferris 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.
Ferris acknowledges that he has had the opportunity to obtain and/or has obtained independent legal advice respecting consent to the terms and conditions contained in this document.
Signed in the City of this day of , 2021.
Brandon Mark Ferris (signature)
These terms and conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date: