OMVIC discipline case ·

OMVIC fines Niagara Falls Nissan $6,500 after website showed $47,499 on the listing and $53,225 in the breakdown

OMVIC's Discipline Tribunal fined Olympic Motors o/a Niagara Falls Nissan $6,500 after a Murano listed at $47,499 carried $5,726 in extra website fees.

Penalty: $6,500 fine + funded Key Elements offer for all salespersons Code of Ethics s. 4(2) Code of Ethics s. 9(3) O. Reg. 333/08 s. 36(7)

OMVIC’s Discipline Tribunal fined Olympic Motors (ON) 1 Corporation, operating as Niagara Falls Nissan, $6,500 in a decision dated July 8, 2026. The dealer must also offer to fund completion of the MVDA Key Elements Course for all current and future salespersons. Both obligations run on an unusually long 180-day clock rather than the 90 days that docket-mates Cardoor and 5 Star Dealers were given. Like the rest of the July 8 docket, the order came out of a written Rule 1.07 proceeding before the panel of Deb Mattina, Jon Lemaire and Paul Eros, resting on an Agreed Statement of Facts dated June 3, 2026 and a jointly proposed disposition.

The listing price and the click-through price

On or about January 14, 2025, a representative of the Registrar ran a compliance review of the dealer’s website and found a 2024 Nissan Murano advertised at $47,499 plus taxes and licensing. Clicking through to the pricing breakdown produced a different number: $53,225. The gap was $2,230 in “Freight & PDI, Levies” fees and $3,496 in “Pre Tax Dealership Charges” stacked on the sale price.

That is $5,726 of price sitting one click behind the advertised number. The parties agreed the advertised price was therefore not all-inclusive and was misleading, contrary to s. 36(7) of O. Reg. 333/08 and ss. 4(2) and 9(3) of the Code of Ethics, and the panel found both Code sections breached. Freight, PDI and levies are real costs on a new vehicle, which is exactly why the regulation makes the dealer build them into the advertised figure instead of surfacing them at the breakdown stage. “Plus taxes and licensing” is as far as the carve-out goes.

Most all-in pricing orders this site has covered turn on a worksheet or bill of sale showing fees added at the desk, as in Cardoor from the same docket or Autohouse Kingston. This one was caught entirely on the website, before any consumer transaction entered the record: the advertisement itself was the breach.

Warned in 2021, warned again in 2024

Niagara Falls Nissan has been registered since around October 2013. The Agreed Statement of Facts records two prior contacts: an inspection on or about October 21, 2021 where a Registrar’s representative reminded the dealer of its all-in price advertising obligations, and a formal warning letter on or about July 15, 2024 on the same subject. The compliance review that found the Murano listing came six months after the warning letter.

That sequence, education, warning, then a found breach, is the pattern that has priced other franchise-dealer orders on this beat, including Riverside Chevrolet, which also ignored a written warning about its s. 36 advertising obligations before its $6,000 fine. A documented warning removes any argument that the dealer did not know the rule, and the fine lands accordingly.

What to learn

  • The advertised price is the price everywhere it appears. A listing number and a click-through breakdown that disagree are, together, a misleading advertisement under s. 36(7) and s. 4(2) of the Code of Ethics, even if no consumer ever signs.
  • OMVIC reads dealer websites on its own initiative. This case started with a Registrar’s representative reviewing the dealer’s site, the same mechanism behind the CarHub cease order. No consumer complaint was needed to open the file.
  • Prior warnings compound. An inspection reminder and a warning letter both made it into the Agreed Statement of Facts, and the $6,500 figure reflects that history. Fix advertising the first time OMVIC raises it.