1830105 Ontario Inc. o/a Legacy Auto Center v. Registrar, Motor Vehicle Dealers Act, 2002, 2022 CanLII 11166

Case Summary

The appellants appealed a Notice of Proposal by the Registrar to revoke the registration of Legacy Auto Center as a motor vehicle dealer and refuse the registration of Alan Sabri as a salesperson. The Registrar alleged the appellants breached a 2015 Consent Order condition requiring them to take immediate steps to resolve outstanding judgments and report monthly to OMVIC. The Registrar also alleged their past conduct afforded reasonable grounds for belief they would not carry on business with integrity and honesty. The Licence Appeal Tribunal found that while the appellants breached the monthly reporting condition after their lawyers ceased communication with OMVIC, they had taken steps to resolve the judgments. The Tribunal concluded the Registrar failed to establish that the appellants' past conduct warranted revocation or refusal, noting no evidence of consumer harm. The Tribunal substituted its opinion for the Registrar's, directing the reinstatement and continuation of the registrations subject to strict terms and conditions.

Date: 2022-02-14

An appeal from a Notice of Proposal by the Registrar, Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch. B to revoke the registration of 1830105 Ontario Inc. o/a Legacy Auto Center and refuse the registration of Alan Sabri

Between:

1830105 Ontario Inc. o/a Legacy Auto Center and Alan Sabri

Appellants

-and-

Registrar, Motor Vehicle Dealers Act, 2002

Respondent

Decision and Order

Adjudicator: Katherine Livingstone, Member

Appearances:

For the Appellants: Justin Jakubiak, counsel Vincenzo Piruzza, paralegal

For the Respondent: Diana Mojica, counsel

Heard by audio tape

Overview

1This matter has a rather complex and lengthy history.

2The present hearing deals with a Notice of Proposal (“NOP”) issued on September 17, 2019, by the Registrar under the Motor Vehicles Dealers Act, 2002 (“the Act”) to refuse registration of the appellant, Alan Sabri, as a motor vehicle salesperson and to revoke the registration of the appellant, 1830105 Ontario Inc. o/a Legacy Auto Center (“Legacy”) as a motor vehicle dealer. The Act is administered and enforced by the Ontario Motor Vehicle Industry Council (“OMVIC”).