Ammun Khurshid v. Registrar, Motor Vehicle Dealers Act, 2002, 2024 CanLII 30704

Licence Appeal Tribunal

Licence Appeal Tribunal File Number: 15298/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:

Ammun Khurshid

Appellant

and

Registrar, Motor Vehicle Dealers Act, 2002

Respondent

CONSENT ORDER

ADJUDICATOR:

Jeffery Campbell, Vice-Chair

Date:

April 8, 2024

BACKGROUND

1On October 4, 2023, the Registrar, Motor Vehicle Dealers Act, 2002, (the “Registrar”) issued a Notice of Proposal (the “NOP”) refuse the registration of Amman Khurshid (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 the Appellant’s disentitlement to registration under the Act.

3The Notice of Proposal to Refuse the registration has been appealed to the Tribunal.

4The 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 vehicle salesperson under the Act on the terms and conditions set out in Terms and Conditions between the Appellant and the Registrar signed by the Appellant on April 2, 2024 and by the Registrar on April 4, 2024. The Terms and Conditions shall constitute Schedule A.

5Further, 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:

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 Appellant on April 2, 2024 and by the Registrar on April 4, 2024, a copy of which is attached to this order as Schedule A, which Schedule A is incorporated and made part of this Order.