Licence Appeal Tribunal File Number: 15503/MVDA
In the matter of an appeal from a Notice of Proposal to Refuse Registration issued by the Registrar under the Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sch. B.
Between:
Pejman Ghaffari and Up 1 Auto Sales Inc.
Appellants
and
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
CONSENT ORDER
ADJUDICATOR: Jeffery Campbell, Vice-Chair
BACKGROUND
1Pejman Ghaffari and Up 1 Auto Sales Inc. (the “appellants”) appeal a Notice of Proposal (“NOP”) issued by the Registrar, Motor Vehicle Dealers Act, 2002 (the “respondent” or “Registrar”) to refuse registration as a motor vehicle salesperson and as a motor vehicle dealer respectively, on December 15, 2023.
2The grounds in the NOP that Mr. Ghaffari’s past conduct is inconsistent with the intention and objective of the Motor Vehicle Dealers Act, 2002 (the “Act”) which is to protect the public interest. As a result, this disentitles him and Up 1 Auto Sales Inc. to registration pursuant to sections 6(1)(a)(ii) and 6(1)(a)(iii) of the Act.
3The parties advised the Tribunal that they had resolved the issues in dispute and the parties have consented to the registration of Mr. Ghaffari as a salesperson under the Act and the registration of 1 Auto Sales Inc as a motor vehicle dealer under the Act on the terms and conditions set out in Terms and Conditions between the appellants and the Registrar signed March 27, 2024 by the appellants and March 28, 2024 by the Registrar. A copy of the Terms and Conditions shall constitute Schedule A.
4Further, the parties confirmed that pursuant to section 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S 2 (the “SPPA”), the parties waive the requirements of a hearing and consent to an Order of the Tribunal to confirm the appellants’ registrations 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 THE 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 set out in the agreement signed by the appellants on March 27, 2024 and the Registrar on March 28, 2024, copies of which are 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: April 2, 2024
Schedule A
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: Up 1 Auto Sales Inc. 1-11352 Yonge Street Richmond Hill, ON L4S 1K9
AND FROM: Pejman Ghaffari 39-11 Plaisance Road Richmond Hill, ON L4C 5H1
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “MVDA”), Pejman Ghaffari ("Ghaffari") and Up 1 Auto Sales Inc. ("Up 1 Auto") (collectively, the “Registrants”) 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 Registrar agrees to register Up 1 Auto as a motor vehicle dealer under the MVDA, subject to, among other things, the MVDA, the regulations made thereunder, and its conditions of registration.
Up 1 Auto agrees to be registered as a dealer in the wholesaler class and shall not apply to change classes of registration for a period of thirty (30) months from the date of the Consent Order.
The Registrar agrees that Ghaffari shall be registered as a motor vehicle salesperson under the MVDA, subject to among other things, the MVDA, the regulations made thereunder, and these conditions of registration.
Ghaffari shall only be employed by, and registered as a salesperson to, Up 1 Auto, and shall not apply to be registered to another dealer for a period of eighteen (18) months from the date of the Consent Order.
The Registrants will ensure that all personnel, agents, assignees, employees, or anyone acting on their behalf are informed of the Conditions contained in this document to the extent necessary to ensure compliance with these Conditions.
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 2023 Notice of Proposal to Refuse Registration in support of any future administrative proceedings, including, without limitation, any Proposal to Refuse to Renew, Suspend or Revoke Registration.
The Registrants 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 Registrants acknowledge and agree to comply with the disclosure obligations as set out in sections 39-42 of the Ontario Regulation 333/08 and without limiting the generally of the foregoing, agree to comply with obligations relating to disclosure of previous damage, previous registration and any other fact that may reasonably influence the value of a vehicle sold.
The Registrants will include in writing on the bill of sale: the distance travelled of a motor vehicle, if the odometer reading on the vehicle has been modified, if the odometer has been exchanged or repaired, if the odometer is broken or faulty, and any comments relating to the distance travelled supplied by the seller of a motor vehicle.
The Registrants will 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 Registrants will not trade with or facilitate a trade with a Motor Vehicle Dealer without confirming that they are registered in that capacity.
Ghaffari shall comply with any and all court orders, recognizances, dispositions and/or probation orders that have been or may be made against him or Up 1 Auto.
Ghaffari shall provide proof of payment of any court ordered fine to the Registrar within 15 days of said payment.
ACKNOWLEDGMENT AND UNDERTAKING:
The Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Registrants.
The Registrants acknowledge that 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 terms and conditions.
Independent legal advice has been obtained or the Registrants have had the opportunity to obtain independent legal advice respecting consent to the Terms and Conditions contained in this document.
The Conditions contained in this document shall be in force for a period of thirty (30) months from the date of the Consent Order, unless otherwise stated, at which time the Registrants may request for the removal or amendment of said conditions.
Up 1 Auto Sales Inc.
Date:
I have authority to bind the Corporation
Pejman Ghaffari Date:
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Maureen Harquail, Registrar
Date: