Licence Appeal Tribunal File Number: 16525 and 16526 MVDA
An Appeal from an Immediate Temporary Suspension Order and Notice of Proposal to Revoke issued by the Registrar pursuant to the Motor Vehicle Dealers Act, 2002, S.O. c. 30, Sch. B.
Between:
4 Boys Auto Sales Inc. and Syed Jawed Haider
Appellants
and
Registrar, Motor Vehicle Dealers Act, 2002
Respondent
ORDER
ADJUDICATOR: Avril A. Farlam, Vice-Chair
APPEARANCES:
For the Appellants: Gurkiran Sahota, Counsel
For the Respondent: Akosua Dufie Nyamekye, Counsel
HEARD: April 17, 2025
OVERVIEW
1The appellants 4 Boys Auto Sales Inc. (“dealer”) and Syed Jawed Haider (“Mr. Haider”) appealed the Immediate Temporary Suspension Order dated November 14, 2024 (“ITSO”) issued by the Registrar (“Registrar”) under the Motor Vehicle Dealers Act, 2002, (“Act”) which resulted in immediate temporary suspension of the registration of the appellant 4 Boys Auto Sales Inc. as a motor vehicle dealer and the registration of the appellant Mr. Haider as a motor vehicle salesperson under the Act as a matter of public interest.
2The appellants also appealed a Notice of Proposal dated November 14, 2024 issued by the Registrar (“NOP”) which proposed to revoke the registrations of the appellants under the Act.
3Today, all parties have advised the Tribunal that they have resolved the issues in dispute and that all parties consent to the continued registration of the appellants under the Act on the terms and conditions set out in Schedule A signed by all parties on April 16, 2025.
4Further, all parties have confirmed that pursuant to section 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S 2 (the “SPPA”), they waive the requirements of a hearing and consent to an Order of the Tribunal to allow the appellants’ continued registration on the terms and conditions set out on Schedule A signed by all parties on April 16, 2025.
5A copy of the agreed upon terms and conditions signed by all parties is attached as Schedule A to this Order.
6Having reviewed the terms and conditions signed by all parties on April 16, 2025, I am satisfied that the following Order should be made.
I ORDER:
7Pursuant 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 signed by all parties on April 16, 2025, attached to this order as Schedule A, which Schedule A is incorporated and made part of this Order.
LICENCE APPEAL TRIBUNAL
Avril A. Farlam, Vice-Chair
Released: April 22, 2025
Schedule “A”
TO: Licence Appeal Tribunal Tribunals Ontario General Services 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: 4 Boys Auto Sales Inc. 515 Kingston Rdw Ajax, ON L1S 6M1
Syed Jawed Haider c/o 4 Boys Auto Sales Inc. 515 Kingston Rdw Ajax, ON L1S 6M1
Pursuant to subsection 6(2) of the Motor Vehicle Dealers Act, 2002, ( the “MVDA”), 4 Boys Auto Sales Inc. ( the “Dealer”) and Syed Jawed Haider (“Haider”) and (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:
REQUESTS FROM THE REGISTRAR
If the Registrar requests that documents be transferred to the Ontario Motor Vehicle Industry Council (“OMVIC”) by electronic means, the Registrants will provide the Registrar with the documents within seven (7) calendar days of the request. A request would be deemed to have been received on the business day it was sent to an email address on record with OMVIC.
The Registrants shall provide the Registrar with any documents immediately upon request, if the request is made in -person during an on-site inspection.
SALESPERSONS
The Registrants will ensure that all personnel, agents, assignees or anyone acting on behalf of the Dealer to trade motor vehicles is registered as a salesperson to the Dealer, at the time when they engage in the trading activity.
The Registrants acknowledge that "trade" refers to buying, selling, leasing, advertising or exchanging an interest in a motor vehicle or negotiating or inducing or attempting to induce the buying, selling, leasing or exchanging of an interest in a motor vehicle as defined in the section 1 of the MVDA and in accordance with sections 36 to 51 of Ontario Regulation 333/08; and is not limited to the signing of contracts. The Registrants further acknowledge that this includes attendance at auction on behalf of the Dealer and positions commonly referred to as Sales Manager, Finance and Insurance Manager, Branch Manager, Business Manager, General Manager or any individual who has supervisory authority over salespersons.
CLASS RESTRICTIONS:
The Registrants consent that the Dealer is only to be registered in the wholesaler class for three (3) years after these conditions take effect. The Registrants further agree not to apply for or seek registration in another class or subclass of dealer during this timeframe, either on behalf of 4 Boys Auto Sales Inc., or of another dealer.
BOOKS AND RECORDS
The Registrants will maintain all books and records at a location approved by the Registrar and in accordance with sections 52 to 60 of Ontario Regulation 333/08.
The Registrants will maintain books and records, which accurately record the true nature of transactions involving the trade of a motor vehicle. The Registrants will not be involved in the creation of books and records, which are false or misleading as to the true nature of a transaction involving the trade of a motor vehicle.
The Registrants will provide free access to books and records of the Dealer to an authorized representative of the Registrar in accordance with section 15 of the MVDA.
The Registrants will maintain a garage register in accordance with section 60(1) of the Highway Traffic Act (“HTA”) and section 57 of Ontario Regulation 333/08.
The Registrants undertake to inform the registrar in writing within five (5) business days in the event that their books and records are lost, stolen or destroyed in whole or in part in accordance with section 55 of Ontario Regulation 333/08; and will include any relevant documentation concerning the circumstances. The documentation will include, but is not limited to, police reports, insurance claims and affidavits. The Registrants further agree to make all reasonable efforts to reconstitute the lost, stolen or damaged records.
The Registrants will maintain a copy of all documents submitted to or received from the Canada Revenue Agency, relating to the Income Tax Act and the Retail Sales Act, including but not limited to, notices of assessment, HST remittances, tax filings, and correspondence with taxation authorities. The Registrants will make these documents available to the representatives of the Registrar upon request, in accordance with the within conditions of registration and the Motor Vehicle Dealers Act.
The Registrants will maintain bank accounts that are compliant with section 59 and records that comply with sections 52-57 of Ontario Regulation 333/08. The Registrants will make these documents available to the Registrar upon request in accordance with the within conditions of registration and section 15 the Motor Vehicle Dealers Act. The Registrants will ensure that all funds received and paid in connection with a trade are reflected on the business bank account, in accordance with section 59(3) of Ontario Regulation 333/08.
The Registrants will ensure that a permit is issued by the Ministry of Transportation of Ontario within 6 days of purchase of any vehicle from the Dealer in accordance with section 11(2) of the Highway Traffic Act (“HTA”).
DISCLOSURE
The Registrants will disclose all material facts about the motor vehicles for purchase or lease to its customers. The Registrants further agree to disclose all material facts on the Bill of Sale, in writing. The Registrants will ensure compliance with the disclosure obligation notwithstanding whether or not the vehicle has been branded through Ministry of Transportation Ontario (“MTO”). For greater certainty, a material fact is one that if disclosed could affect the decision of a reasonable person to purchase or lease the vehicle or affect the purchase price. In the case of damaged vehicles, the Registrants further agree to disclose as much detail as possible regarding the nature and severity of the damage. The Registrants undertake to research the history of all the motor vehicles under trade to ensure all material facts are disclosed.
PREMISES
The Dealer will operate exclusively from a location approved by the Registrar and will not invite the public to trade at a place other than the approved location, in accordance with section 28 of Ontario Regulation 333/08.
The Dealer agrees not to change the location approved by the Registrar without first obtaining the Registrar’s approval, in writing, in accordance with section 31 of Ontario Regulation 333/08. The Registrants will then provide the Registrar with notice in writing within five days of any such change of location.
GENERAL
The Registrants will 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. The Registrants further agree to read all correspondence and bulletins from OMVIC as released.
Haider agrees to 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. Haider further agrees to successfully complete the Certification Course within 90 days of the date of this Consent Order and report all results to OMVIC.
The Registrants will ensure that all personnel, agents, assignees or anyone acting on behalf of the Registrants are informed of the Terms and Conditions contained in this document to the extent necessary to ensure compliance with these Terms and Conditions.
The Registrants acknowledge and agree that these Terms and Conditions of registration are in addition to any other terms and conditions imposed on the Registrants’ registration.
Haider acknowledges and agrees to ensure that the Dealer complies with these conditions of registration.
ACKNOWLEDGEMENT AND UNDERTAKING
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.
Signed in the City of this day of 2025
Name of Authorized Representative (please print clearly)
I have authority to bind the dealership. (signature)
Business Email Address (please print clearly)
Signed in the City of this day of 2025
Syed Jawed Haider
These Terms and Conditions are accepted by the Registrar, Motor Vehicle Dealers Act, 2002.
Date:
Maureen Harquail Registrar Motor Vehicle Dealers Act, 2002