Licence Appeal Tribunal
An appeal from a Notice of Proposal to Revoke Registrations under the Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sched B
Between:
Johnson Collins Appellants
and
Registrar, Motor Vehicle Dealers Act, 2002 Respondent
CONSENT ORDER
ADJUDICATOR: Jeffery Campbell, Vice-Chair
Date: November 25, 2024
BACKGROUND
1On February 7, 2024, the Registrar, Motor Vehicle Dealers Act, 2002, (the "Registrar") issued a Notice of Proposal (the "NOP") to revoke the registration of Johnson Collins (the "Appellant") as a motor vehicle salesperson, under the Motor Vehicle Dealers Act., 2002, S.O. 2002, c. 30, Sched B and the Regulations (the "Act").
2The NOP is based on the grounds that the Appellant's past conduct is inconsistent with the intention and objective of the Act, and therefore warrants his disentitlement to registration.
3The parties advised the Tribunal that they had resolved the issues in dispute and both parties have consented to the registration of the Appellant as a motor salesperson under the Act on the terms and conditions set out in Terms and Conditions between the Appellant and the Registrar signed by the parties on November 22, 2024. The Terms and Conditions shall constitute Schedule A.
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"), both parties waive the requirements of a hearing and consent to an Order of the Tribunal to confirm the appellants' registration on the Terms and Conditions set out on Schedule A. A copy of the agreements signed by all parties is attached as Schedule A to this Order.
ON CONSENT OF BOTH PARTIES, I ORDER:
5Pursuant 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 and Conditions set out in the agreement signed by the parties on November 22, 2024, a copy of which is attached to this order as Schedule A, which Schedule A is incorporated and made part of this Order.
LICENCE APPEAL TRIBUNAL
____________________________
Jeffery Campbell, Vice-Chair
Released: November 25, 2024
SCHEDULE A
LAT File No. 15653/MVDA
TO: Licence Appeal Tribunal Tribunals Ontario 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: Johnson Collins
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the "MVDA"), Johnson Collins ("Collins", the "Registrant") 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 ("Consent Order") based upon the following terms and conditions:
The Registrant shall not apply to be a director, officer, person-in-charge, dealer, finance manager or any position other than a salesperson for a period of four (4) years from the date of the Consent Order. If all the Registrant's current criminal proceedings:
a. 1 Count – Criminal Harassment contrary to s.264(1) of the Criminal Code of Canada ("CCC")
b. 1 Count – Unlawfully in Dwelling House contrary to s.349(1) of the CCC
c. 5 Counts – Failure to Comply with Undertaking contrary to s.145(4)(a) of the CCC
d. 4 Counts – Sexual Assault contrary to s.271 of the CCC
e. 1 Count – Theft under $5,000 contrary to s.334(b) of the CCC
are disposed of without a finding of guilt, the Registrant shall be able to apply to be a manager at a dealership and approval shall not be unreasonably withheld by the Registrar.
The Registrant shall not be the final signatory on any sales or lease contracts on behalf of a dealer for three (3) years from the date of the Consent Order.
The Registrant shall not be involved in any capacity, either directly or indirectly, in the operation of any motor vehicle dealer, whether registered or not, in which Dezaray Robinson is an interested person, an associated person, a salesperson, manager, officer, director, shareholder or otherwise involved.
The Registrant confirms that the particulars and circumstances of the findings of guilt, convictions and pending charges are substantially as disclosed to the Registrar.
The Registrant will provide the Registrar and the sponsoring Dealer with notice in writing, within five (5) days of any findings of guilt, convictions, absolute or conditional discharges, and charges being stayed or withdrawn including but not limited to the following pending charges before the Ontario Court of Justice:
a. 1 Count – Criminal Harassment contrary to s.264(1) of the Criminal Code of Canada ("CCC")
b. 1 Count – Unlawfully in Dwelling House contrary to s.349(1) of the CCC
c. 5 Counts – Failure to Comply with Undertaking contrary to s.145(4)(a) of the CCC
d. 4 Counts – Sexual Assault contrary to s.271 of the CCC
e. 1 Count – Theft under $5,000 contrary to s.334(b) of the CCC
The Registrant will provide the Registrar and the sponsoring Dealer with notice in writing, within five (5) days of being charged with an offence under any law, within or outside of Canada.
The Registrant will ensure that any and all sponsoring dealers, presently or in the future, are informed of the terms and conditions contained in this Consent Order.
The Registrant will provide the Registrar with full and complete disclosure in all future correspondence and on all future applications, regardless of whether disclosure has been made previously to the Registrar.
In the event of a breach of any of the terms and conditions contained herein, the Registrar shall be permitted to rely on the contents of the Registrar's 2024 Notice of Proposal to Revoke Registration in support of any future administrative proceedings, including, without limitation, any Proposal to Refuse to Renew, Suspend or Revoke Registration.
In the event of any findings of guilt, convictions, absolute or conditional discharges, or pending charges being stayed or withdrawn, the Registrar shall be permitted to rely on the contents of the Registrar's February 7, 2024, Notice of Proposal to Revoke Registration in support of any future administrative proceedings, including without limitation, any Proposal to Refuse to Renew, Suspend or Revoke Registration.
The Registrant shall 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 Registrant shall provide the Registrar with notice in writing, within five (5) days of any substantive changes to any information provided in obtaining registration, pursuant to section 31 of Ontario Regulation 333/08.
The Registrant agrees to immediately enroll in the Ontario Motor Vehicle Industry Council's Automotive Certification Course ("Certification Course") and to be responsible for all fees in relation to enrolment. The Registrant further agrees to pass the Certification Course within 30 days of the date of the Consent Order.
ACKNOWLEDGMENT AND UNDERTAKING:
The Registrant acknowledges that the Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Registrant.
The Registrant acknowledges that the Registrar may take further administrative action, including a Proposal to Refuse to Renew, 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 terms and conditions.
Independent legal advice has been obtained or the Registrant has had the opportunity to obtain independent legal advice with respect to consenting to the Terms and Conditions contained in this document.
Johnson Collins
Date:
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Maureen Harquail, Registrar
Date: