Appeal from a Notice of Proposal to Refuse a Registration issued by the Registrar under the Motor Vehicle Dealers Act, 2002
Between:
Mirramin Kamali-Mafroujaki o/a Top Quality Auto Sales
Appellant
and
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
ADJUDICATOR: D. Gregory Flude, Vice Chair
Date of Order: May 30, 2022
OVERVIEW
1Mirramin Kamali-Mafroujaki (“appellant”) appealed the Notice of Proposal to Refuse a Registration issued by the Registrar, Motor Vehicle Dealers Act, 2002, (“the respondent”) under the Motor Vehicle Dealers Act, 2002, S. O. 2002, c. 30 Sched B.
2The respondent responded to the appeal.
ORDER DISPOSING OF APPEAL WITHOUT A HEARING ON CONSENT
3Both the appellant and the respondent have requested an order from the Tribunal disposing of this appeal in accordance with the terms set out in Consent Order prepared by counsel and attached to this order as Schedule “A.”
4Both parties have requested an order from the Tribunal vacating the dates set for the hearing of this matter on June 14 through 16, 2022.
5Both parties have indicated they consent to the Tribunal disposing of this appeal without a hearing under s. 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 on the terms agreed between the parties.
ON THE FOREGOING CONSENT OF BOTH PARTIES, I ORDER AS FOLLOWS:
6I direct the respondent to register the appellant as a motor vehicle sales person on the terms set out herein as Schedule “A.”
7The June 14 through 16, 2022 hearing dates set for the hearing of this matter are vacated.
8Nothing in this Order affects any requirement under the Act.
9The Tribunal will close its file.
LICENCE APPEAL TRIBUNAL
D. Gregory Flude, Vice Chair
Released: May 30, 2022
Schedule “A”
Tribunal File Number: 13734/MVDA
IN THE MATTER OF the Motor Vehicle Dealers Act, 2002, S.O. 2002, Chapter 30. Schedule B and Regulations, as amended
Between:
Mirramin Kamali-Mafroujaki
Appellant
and
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
The Appellant requested a hearing before the Licence Appeal Tribunal (the “Tribunal”) to appeal the respondent’s proposal to refuse his registration as a motor vehicle salesperson.
The parties have advised the Tribunal that they have resolved the issues in dispute and have requested the Tribunal issue an order on consent disposing of this proceeding.
On consent of the parties, and pursuant to Section 4.1 of the Statutory Powers Procedure Act, and subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (hereinafter the “MVDA”) the parties to the proceeding, Mirramin Kamali-Mafroujaki o/a Top Quality Auto Sales ("Kamali-Mafroujaki") and the Registrar, Motor Vehicle Dealers Act (the “Registrar”) waive the requirement of a hearing and hereby consent to an Order of the Licence Appeal Tribunal (the “Order”) based on the following terms and conditions to the registration of Kamali-Mafroujaki as a motor vehicle salesperson under the MVDA:
REGISTRATION
Subject to these conditions, Kamali-Mafroujaki agrees to be registered as a dealer in the wholesale class of registration. He further agrees that he shall not apply to change classes of registration for a period of at least two (2) years.
Kamali-Mafroujaki shall comply with all requirements of the Motor Vehicle Dealers Act, 2002, Ontario Regulation 333/08, the Code of Ethics included in Ontario Regulation 332/08, the Ontario Motor Vehicle Industry Council ("OMVIC") "Standards of Business Practice, 2010", as may be amended from time to time. He further agrees to read all OMVIC Guidelines, correspondence, and bulletins from OMVIC as released.
OTHER
While trading in motor vehicles, Kamali-Mafroujaki shall not remain alone in the immediate presence of female persons, other than employees of Kamali-Mafroujaki o/a Top Quality Auto Sales.
Kamali-Mafroujaki shall inform the Registrar in writing within five (5) days of being charged, found guilty and/or convicted of any offence under any law in Canada or elsewhere. This does not include offences under Parts I or II of the Provincial Offences Act, R.S.O. 1990, c. P.33 as may be amended from time to time, or their equivalents in other jurisdictions.
Kamali-Mafroujaki shall fully and truthfully comply in a timely manner with any requests for information made by the Registrar in relation to any matter which is reasonably likely to relate to his eligibility for registration under the MVDA.
Kamali-Mafroujaki shall provide truthful information in any and all future applications for registration or for the renewal of registration, or in any return required, under the MVDA.
These terms and conditions shall expire upon the conclusion of two (2) years from the date here-entered.
ACKNOWLEDGMENT AND UNDERTAKING:
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 conditions.
Kamali-Mafroujaki acknowledges that he has reviewed these conditions, and by signing and initialing, acknowledges that he understands their significance and agrees to abide by them. He also acknowledges that he has had the opportunity to seek independent legal counsel prior to agreeing to these conditions.