An appeal from a Notice of Proposal of the Registrar to refuse the registration of a motor vehicle salesperson, pursuant to s. 9 of the Motor Vehicle Dealers Act, 2002, S.O. 2002, c. 30, Sched B (“Act”)
CONSENT ORDER
ADJUDICATOR:
Jeffery Campbell, Vice-Chair
March 5, 2025
BACKGROUND
1Ahmed Al-Madhoon (the “appellant”) appeals a Notice of Proposal issued by the Registrar under the Act (the “respondent”). The Notice of Proposal dated November 29, 2024 (“NOP”), proposes to refuse the registration of the appellant as a salesperson under the Motor Vehicle Dealers Act, 2002.
2The appellant filed the appeal of the Notice of Proposal with the Licence Appeal Tribunal (“Tribunal”) on December 13, 2024, pursuant to s. 9(2) of the Act.
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 vehicle salesperson under the Act on the terms and conditions set out in Terms and Conditions between the appellant and the respondent signed by the appellant on February 25, 2025 and by the respondent on February 26, 2025. 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 appellant’s 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 appellant on February 25, 2025 and by the respondent on February 26, 2025, 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: March 6, 2025
Schedule A
LAT File No. 16570/MVDA
TO: Licence Appeal Tribunal Tribunals Ontario 15 Grosvenor Street, Ground Floor Toronto, ON M7A 2G6
FROM: Registrar, Motor Vehicle Dealers Act Ontario Motor Vehicle Industry Council 65 Overlea Boulevard, Sutie 300 Toronto, Ontario M4H 1P1
AND FROM: Ahmed Al-Madhoon
In accordance with subsection 6(2) of the Motor Vehicle Dealers Act, 2002 (the “MVDA”), Ahmed Al-Madhoon (“Al-Madhoon”, the “Registrant”) hereby consents to registration pursuant to Ontario Regulation 333/08 subject to the following Terms and Conditions:
Al-Madhoon shall comply with all requirements of the MVDA and Ontario Regulation 333/08, the Code of Ethics in Ontario Regulation 332/08, the Ontario Motor Vehicle Industry Council (“OMVIC”) Standards of Business Practice, 2010 and OMVIC Guidelines, as may be amended from time to time. Al-Madhoon further agrees to read all correspondence and bulletins from OMVIC as released.
Al-Madhoon will provide the Registrar with notice in writing, within five (5) days, of any substantive changes to their information provided in obtaining registration pursuant to section 31 of Ontario Regulation 333/08.
Al-Madhoon shall ensure that any and all sponsoring dealers are informed of the terms and conditions contained in this Consent Order.
DISCLOSURE
Al-Madhoon will ensure that all trades in motor vehicles are completed in accordance with the MVDA, Ontario Regulation 333/08 and Ontario Regulation 332/08, where applicable.
Al-Madhoon will disclose all material facts about the motor vehicles for purchase or lease to its customers. Al-Madhoon further agrees that not withstanding whether or not Al-Madhoon considers a fact to be material, Al-Madhoon will comply with the disclosure obligations. Al-Madhoon further agrees to disclose all material facts on the bill of sale, in writing.
CRIMINAL RECORD
Al-Madhoon 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 provide the Registrar with a copy of the notification acknowledged by the signature of the sponsoring Dealer.
Al-Madhoon will provide the Registrar with full and complete disclosure in all future correspondence and on all future applications, regardless of whether or not disclosure has been made previously to the Registrar. This disclosure includes all previous or future findings of guilt, convictions, pending charges, charges that were stayed, absolute or conditional discharges, and any charges that were withdrawn, dismissed or resulted in a finding of not guilty.
Al-Madhoon confirms that the particulars and circumstances of the findings of guilt, convictions, pending charges, charges that were stayed, absolute or conditional discharges and any charges that were withdrawn, dismissed or resulted in a finding of not guilty are substantially as disclosed to the Registrar.
ACKNOWLEDGMENT AND UNDERTAKING:
The Registrar is relying on the accuracy and completeness of all documents, statements or information provided by Al-Madhoon in support of Al-Madhoon’s application for registration.
The documents, information or statements provided to the Registrar are true to the best of Al-Madhoon’s knowledge, and belief; and that full answers to all questions, inquiries and requests made by the Registrar in connection with Al-Madhoon’s application have been given.
Independent legal advice has been obtained or the Registrant has had the opportunity to obtain legal advice respecting consent to the Terms and Conditions contained in this document.
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, compliance with these Terms and Conditions or future criminal charges.
The Registrar shall be permitted to rely on the contents of the Registrar’s Proposal to Refuse Registration dated November 29, 2024, in support of any future administrative proceedings, including without limitation, any Proposal to Refuse to Renew, Suspend or Revoke Registration.
Signed in the City of ____________________ this ____day of _________________ 20_____.
__________________________________________
Signature of Ahmed Al-Madhoon
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002
Signed in the City of ____________________ this ____day of _________________ 20_____.
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Signature of Maureen Harquail, Registrar