An Ajax man has been sentenced to 60 days in jail for furnishing false information on a motor vehicle salesperson application, contrary to Section 32 (1 (a) of the Motor Vehicle Dealers Act (MVDA).
Ontario law requires all motor vehicle dealers and salespersons be registered with OMVIC (Ontario Motor Vehicle Industry Council). In order to gain registration all applicants are screened and must provide a completed application and supporting documentation including a Canada-wide criminal background check.
Robert Small, 50, was charged after OMVIC received forged documentation in support of his sales licence application. OMVIC’s investigation found Small had provided a falsified driver’s licence (his was under suspension) and a falsified criminal background search. At trial a Durham Region Police officer testified Small had obtained a criminal background report from their police service, and that the report outlined a lengthy criminal past including convictions for fraud and assault. However, when that report was submitted by Small to OMVIC with his salesperson application, it was found to have been altered and much of the criminal information removed.
Small’s trial was held exparte (he did not attend) at Toronto East Provincial Offences Court. In finding guilt Justice of the Peace John Cottrell sentenced Small to 60 days in jail. A committal warrant was issued for Small’s arrest.
“This sentence sends an important message to dealers and salespeople, and to consumers” stated OMVIC Director of Investigations Carey Smith. “Retail automotive sales is a regulated industry in Ontario, and these regulations exist to ensure a fair, safe and informed marketplace. OMVIC has a job to ensure persons seeking registration meet the requirements set out by law. This case demonstrates that if people want to cheat to get a licence, there will be repercussions”.
About OMVIC:
The Ontario Motor Vehicle Industry Council (OMVIC) administers and enforces the Motor Vehicle Dealers Act (MVDA) on behalf of the Ministry of Consumer Services. OMVIC maintains a fair and informed vehicle sales marketplace by regulating dealers and salespersons, regularly inspecting Ontario’s 8,000 dealerships and 24,000 salespeople, maintaining a complaint line for consumers and conducting investigations and prosecutions. OMVIC is also responsible for administering the Motor Vehicle Dealers Compensation Fund on behalf of its Board of Trustees.
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