Tribunal File Number: 11988/MVDA
Appeal from a Notice of Proposal by the Registrar, Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch B to revoke a registration
Between:
1602964 Ontario Ltd. o/a Auto Quest Group and Yana Letichever
Appellants
and
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
Order made by: Lori Marzinotto, Vice Chair
Appearances:
For the Appellants: Cindy Cohen, Counsel
For the Respondent: Vlad Bosis, Counsel
1On consent of the parties, I order as follows:
ORDER
2Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002, 1602964 Ontario Ltd. o/a Auto Quest Group (“Auto Quest Group”) and Yana Letichever (“the Appellants”) 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 for a hearing and consent to the following conditions being placed on their registration in the form of a Consent Order of the Licence Appeal Tribunal:
Auto Quest Group and Yana Letichever will comply with all requirements of the Motor Vehicle Dealers Act, 2002 (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. They further acknowledge their responsibility to read all correspondence, bulletins and Guidelines from OMVIC as released.
Auto Quest Group will provide the Registrar with notice in writing, within 20 business days, of any change in its officers or directors, pursuant to section 24 of the MVDA. Auto Quest Group further agrees to notify the Registrar of any change in its partners or owners, person(s) in charge, and signing authority for the dealership.
Auto Quest Group and Yana Letichever 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.
Should, as the result of the proceeding before the Licence Appeal Tribunal, known as 12071/MVDA, Garry Letichever’s registration as a salesperson under the MVDA be revoked and/or 1396960 Ontario Ltd.’s registration as a motor vehicle dealer under the MVDA be refused, Auto Quest Group shall no later than three months after the last of the appeal rights and proceedings have been exhausted, relocate any of its branches such that no aspect of the dealership shall operate out of premises owned directly or indirectly by Mr. Garry Letichever.
Auto Quest Group and Yana Letichever shall ensure that Mr. Garry Letichever does not control, act on behalf of (other than in his capacity as registered salesperson under the MVDA) or have signing authority on behalf of Auto Quest Group.
In carrying on business under the MVDA, Auto Quest Group and Yana Letichever shall not engage in any act or omission that, having regard to all of the circumstances, would reasonably be regarded as disgraceful, dishonourable, unprofessional or unbecoming of a registrant.
In carrying on a business under the MVDA, Auto Quest Group and Yana Letichever shall act with honesty, integrity and fairness and will use their best efforts to prevent error, misrepresentation, fraud or any unethical practice in respect of a trade in a motor vehicle.
The Registrar may take further administrative action, including but not limited to a proposal to suspend or revoke registration, arising from any matters that have occurred or may occur related to Auto Quest Group and Yana Letichever’s honesty and integrity, financial responsibility or compliance with the MVDA, Ontario Regulation 333/08, Ontario Regulation 332/08 or these Conditions.
Subject to the above noted conditions in this Consent Order, Yana Letichever and Auto Quest Group’s registrations will continue.
LICENCE APPEAL TRIBUNAL
Lori Marzinotto, Vice Chair
Released: September 28, 2021