Licence Appeal Tribunal
An appeal from a Notice of Proposal by the Registrar, Motor Vehicle Dealers Act, 2002, S.O. c. 30 Sch. B to revoke registration
Between:
Keif Grey
Appellant
and
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
Order Made by: D. Gregory Flude
Date of Order: June 17, 2022
BACKGROUND
1This is an appeal from a Notice of Proposal issued by the Registrar pursuant to the Motor Vehicle Dealers Act, 2002 (“the Act”), to the registration of Keif Grey as a motor vehicle salesperson under the Act.
2The parties have advised the Tribunal that they were able to agree upon a settlement of all outstanding issues 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 Appellants 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 hearing scheduled for this matter is vacated.
7This Tribunal file is now closed.
LICENCE APPEAL TRIBUNAL
D. Gregory Flude, Vice-Chair
Released: June 17, 2022
SCHEDULE “A”
TO: Licence Appeal Tribunal Tribunals Ontario General Services 15 Grosvenor Street, Ground Floor Toronto, ON M7A 2G6
FROM: The Registrar Motor Vehicle Dealers Act, 2002 Ontario Motor Vehicle Industry Council 65 Overlea Blvd., Suite 300 Toronto, ON M4H 1P1
AND FROM: Keif Grey c/o DANSON RECHT LLP Barristers & Solicitors Suite 1400, 20 Toronto Street Toronto, Canada M5C 2B8
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 Keif Grey (“the Applicant”) 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:
The Registrar will register Keif Grey as a motor vehicle salesperson under the Motor Vehicle Dealers Act, 2002 (the “MVDA”), subject to, among other things, the MVDA, the regulations made thereunder, and these conditions of registration.
For the period of one year after this Order is made, Keif Grey shall comply with the following:
a) Keif Grey shall not be the person-in-charge, have a supervisory or managerial role at, and/or have direct or indirect control of a motor vehicle dealer, including his sponsoring dealer.
b) Keif Grey shall not be the final signatory on any bills of sales/contracts related to motor vehicle trades on behalf of his sponsoring dealer.
c) Keif Grey shall not be involved in, or direct, the transfer of ownership/registration of motor vehicles traded by his sponsoring dealer without the approval of a manager of that dealer.
d) Keif Grey shall notify the Registrar in writing within 5 days of becoming aware of a complaint made by a customer relating to any motor vehicle trade in which he is involved on behalf of his sponsoring dealer.
Keif Grey shall successfully complete the “OMVIC Certification Course” within one year after this Order is made.
Keif Grey 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. Keif Grey shall be responsible to read all correspondence, bulletins and Guidelines from OMVIC as released.
In carrying on business under the MVDA, Keif Grey 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, Keif Grey shall act with honesty, integrity and fairness and will use his 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 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 the MVDA, Ontario Regulation 333/08, Ontario Regulation 332/08 or these Conditions.