Citation: 2631273 Ontario Inc. o/a 2nd Chance Auto Sales & Bobby Wilkinson & Charles Cadman v. Registrar, Motor Vehicle Dealers Act, 2002, 2023 ONLAT 14562 MVDA
Appeal from a Notice of Proposal by the Registrar, Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch B to Revoke Registration
Between:
2631273 Ontario Inc. o/a 2nd Chance Auto Sales & Bobby Wilkinson & Charles Cadman Appellants
and
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
ADJUDICATOR: Avril A. Farlam, Vice-Chair
APPEARANCES:
For the Appellants: Justin Jakubiak, Counsel
For the Respondent: Rishi Nageshar, Counsel
Held by teleconference: March 16, 2023
BACKGROUND
12631273 Ontario Inc. o/a 2nd Chance Auto Sales & Bobby Wilkinson & Charles Cadman (the "appellants") appeal the Notice of Proposal dated January 11, 2023 from the Registrar, Motor Vehicle Dealers Act, 2002 (the "respondent"), to suspend the registration of 2631273 Ontario Inc. o/a 2nd Chance Auto Sales as a motor vehicle dealer and to suspend the registrations of Bobby Wilkinson and Charles Cadman as motor vehicle salespersons under s. 9 of the Motor Vehicle Dealers Act, 2002 S.O. 2002, c. 30, Sch B (the "Act").
2The Notice of Proposal arises from an allegation that the appellants failed to appropriately respond to a consumer complaint or to the respondent's requests for information and this past conduct disentitles the appellants to registration under ss. 6(1)(a)(ii), 6(1)(d)(ii), 8 of the Act.
3At this case conference held March 16, 2023, counsel for both parties advised the Tribunal that they had resolved the issues in dispute and that both parties consent to the continued registration of the appellants under the Act on the terms and conditions set out in Schedule A signed on separate copies by the appellants on March 16, 2023 and by the respondent on March 16, 2023.
4Further, both parties confirmed that pursuant to section 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S 2 (the "SPPA"), that they waive the requirements of a hearing and consent to an Order of the Tribunal to continue the appellant's registration on the terms and conditions set out on Schedule A signed by the appellants on March 16, 2023 and signed by the respondent on March 16, 2023.
5Both parties agreed that the appellants and the respondent can sign Schedule A in counterparts and Schedule A will be as binding on all parties as if signed in one single document. A copy of the agreement signed by the appellants and a copy of the agreement signed by the respondent is attached as Schedule A to this Order.
ON CONSENT OF THE PARTIES, I ORDER:
6Pursuant to s. 4.1 of the SPPA and on the consent of the parties, I dispose of this proceeding without a hearing on the terms set out in the agreement signed by the appellants on March 16, 2023 and by the respondent on March 16, 2023, attached to this order as Schedule A, which Schedule A is incorporated and made part of this Order and is binding on all parties as signed in counterparts.
LICENCE APPEAL TRIBUNAL
Avril A. Farlam, Vice-Chair
Released: March 22, 2023
Schedule A
TO: Licence Appeal Tribunal Tribunals Ontario General Services 15 Grosvenor Street, Ground Floor Toronto, ON M7A 2G6
FROM: Registrar Motor Vehicle Dealers Act, 2002 Ontario Motor Vehicle Industry Council 65 Overlea Blvd., Suite 300 Toronto, ON M4H 1P1
AND FROM: 2631273 Ontario Inc. o/a 2nd Chance Auto Sales 1330 Carling Avenue Ottawa, ON K1Z 7K8
AND FROM: Bobby Wilkinson c/o Justin Jakubiak 77 King Street West, Suite 3000 TD Centre North Tower Toronto, ON M5K 1G8
AND FROM: Charles Cadman c/o Justin Jakubiak 77 King Street West, Suite 3000 TD Centre North Tower Toronto, ON M5K 1G8
In accordance with subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the "MVDA"), 2631273 Ontario Inc. o/a 2nd Chance Auto Sales (2nd Chance"), Bobby Wilkinson ("Wilkinson"), and Charles Cadman ("Cadman") (collectively "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 of a hearing and consent to an Order of the Licence Appeal Tribunal based upon the following terms and conditions:
The Appellants will comply with all requirements of 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. The Appellants further agree to read all correspondence and bulletins from OMVIC as released.
The Appellants will ensure that all personnel, agents, assignees, employees or anyone acting on their behalf are informed of the Terms and Conditions contained in this document to the extent necessary to ensure compliance with these Terms and Conditions.
BOOKS AND RECORDS
- 2nd Chance Auto Sales will maintain all books and records at its registered premises in accordance with the MVDA and pursuant to section 52 through to and including section 60 of Ontario Regulation 333/08.
COMPLAINTS AND DOCUMENTS
Upon receipt of a written request from the Registrar (or a representative on her behalf) made pursuant to section 14(1) of the MVDA, 2nd Chance shall provide the requested information or documents within five days.
Upon receipt of, or becoming aware of, a complaint from any of 2nd Chance's customers in respect of its trade of a motor vehicle, the Appellants shall ensure that the customer receives a response within one business day or, where one business day is not practicable, inform the customer when a response will be provided and shall honour that commitment.
COMPLIANCE
Wilkinson and Cadman shall, jointly and severally, be responsible for ensuring that 2nd Chance complies with the conditions of its registration, including the Terms and Conditions contained herein.
Wilkinson, Cadman, or another individual on behalf of 2nd Chance, may request the Registrar's consent to a change of the person(s) responsible for ensuring its compliance with its conditions of registration. This request shall be made to the Registrar in writing, for which the Registrar's consent will not be unreasonably withheld.
GENERAL
In carrying on business under the MVDA, the Appellants will not engage in any act or omission that, having regard to all of the circumstances and their obligations pursuant to the MVDA and regulations made thereto, would reasonably be regarded as disgraceful, dishonorable, unprofessional or unbecoming of a registrant.
In carrying on business under the MVDA, the Appellants will act with honesty, integrity and fairness and will use their best efforts to prevent errors, misrepresentations, fraud, or any unethical practice in respect of a trade in a motor vehicle.
The Appellants agree to provide conscientious service to their customers in the course of a trade in a motor vehicle and to demonstrate reasonable knowledge, skill, judgment, and competence in providing these services.
ACKNOWLEDGMENT AND UNDERTAKING
The Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Appellants.
The documents, information or statements provided to the Registrar are true to the best of the Appellants' knowledge, and belief, and the Appellants undertake and represent that they have provided full answer to all questions, inquiries and requests made by the Registrar in connection with the consumer complaint identified in the Registrar's Notice of Proposal dated January 11, 2023.
Independent legal advice has been obtained or the Appellants have had the opportunity to obtain independent legal advice respecting consent to the Terms and Conditions contained in this document.
Signed in the City of this day of 2023.
2631273 Ontario Inc. o/a 2nd Chance Auto Sales (signature)
Per (print name):
I have authority to bind the corporation.
Charles Cadman (signature)
Bobby Wilkinson (signature)
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Signed in the City of Toronto this, day of 2023
Maureen Harquail
