Trinity Auto Brokers keeps its registration through a LAT consent order: conditions instead of a hearing

Licence Appeal Tribunal Vice-Chair Jeffery Campbell issued a consent order on July 6, 2026 resolving the appeal by Peter Kinal and 1054382 Ontario Limited o/a Trinity Auto Brokers, a Mulmur dealer, from a Notice of Proposal the Registrar issued on October 31, 2025. The citation is Kinal and 1054382 Ontario Limited o/a Trinity Auto Brokers v. Registrar, Motor Vehicle Dealers Act, 2002, 2026 ONLAT MVDA 17968. OMVIC’s enforcement history page records the outcome as “Conditions of Registration - No Hearing”.

Every prior Tribunal outcome in this collection came out of a contested hearing: revocation upheld in Maceka, refusal upheld in Chaudry, conditions imposed after argument in Pourtehrani, the Registrar’s proposal rejected outright in Olschewski. This order shows the fifth path: the parties settle. Under s. 4.1 of the Statutory Powers Procedure Act, both sides waived the hearing and consented to an order confirming the appellants’ registration on agreed terms, signed July 3, 2026 and attached as Schedule A. Because the matter settled, the Tribunal made no findings about anyone’s conduct, and the order should not be read as establishing any.

What the conditions require

The Schedule A terms are a compliance checklist for the areas OMVIC watches most closely:

• Notice and complaints. The registrants must give the Registrar written notice within five days of any change to the information provided in obtaining registration, per s. 31 of O. Reg. 333/08, and must report every consumer complaint to the Registrar in writing within five days of receiving it.
• Books and records. All records stay at the registered premises per ss. 52 through 60 of O. Reg. 333/08, including purchase and retail bills of sale, safety standards certificates, the work orders behind them, and inspection reports. Lost, stolen or destroyed records must be reported in writing within five days under s. 55, with police reports, insurance claims and affidavits attached.
• Disclosure. Every trade must comply with s. 30 of the MVDA and the contract-content rules in ss. 39 to 43 of O. Reg. 333/08 and s. 4 of the Code of Ethics, with all material facts disclosed in writing on the bill of sale, whether or not the vehicle has been branded through the MTO. For damaged vehicles, including rust, the registrants agreed to disclose as much detail as possible about the nature and severity of the damage.
• Education. Kinal must enrol in the Automotive Record Keeping course within 90 days and pass with at least 80 percent.
• Financial security. The registrants must maintain an irrevocable letter of credit of not less than $35,000 in the interest of the Motor Vehicle Dealers Compensation Fund, delivered within 90 days, with a minimum $5,000 holdback until closure of business.

Two details signal history. The terms are stated to be in addition to conditions the registrants agreed to back in September 2008, and the Registrar reserves the right to take further action, including a proposal to suspend or revoke, on any matter touching honesty and integrity, financial responsibility, or compliance with these terms.

What to learn

• A Notice of Proposal is a negotiation as much as a hearing notice. The appeal route under s. 9(5) can end in a settlement the Tribunal converts into a consent order, with no findings made against the registrant.
• Letters of credit are a live tool. A $35,000 irrevocable letter of credit in favour of the Compensation Fund shifts risk from consumers to the registrant’s own bank line, the same mechanism the extended warranty rules use for dealer-backed warranties.
• Old conditions never expire on their own. The 2008 terms still bind this dealer eighteen years later; new consent terms stack on top of them.