Ontario Appeal Court Sends Repeat Curbsider to Jail
Industry regulators are turning
their focus to unlicensed dealers - and it may mean jail time for some
prosecuted for the crime.
The Ontario Motor Vehicle Industry
Council announced this morning the Ontario Court of Justice has upheld the
decision of a lower court.
Consequently, Andre Nicholas
Campbell of Missisauga, Ontario, is headed to jail for acting as a motor
vehicle dealer without registration.
Campbell was charged with acting
contrary to the Motor Vehicle Dealers Act, 1990, which states one cannot act as
a motor vehicle dealer unless he or she is registered under the act.
Campbell was originally sentenced to
32 days in jail (to be served intermittently on weekends) in January 2013,
OMVIC reported.
He then appealed the conviction and
sentence to the Ontario Court of Justice.
Justice S.R. Shamai, of the Ontario
Court of Justice, upheld the conviction given by Justice of the Peace Delano
Europa, and stated that Campbell "had shown a lengthy pattern of
misrepresentation."
In fact, Campbell may be regretting
the appeal, as the sentence was hardened a bit the second time around.
Shamai said she thought the sentence
was "lenient" and ordered Campbell into custory immediately with no provision
for serving his sentence on weekends.
OMVIC officials commented on the
news, showing approval for the sentence.
"This sentence sends an
important message to curbsiders" stated OMVIC director of investigations,
Carey Smith. "The retail automotive industry is regulated in Ontario;
these regulations exist to create a fair and informed marketplace and to ensure
that persons acting as dealers meet the requirements set out by law."
In fact, the charges actually date
back to 2006 when OMVIC Investigators found Cambell "routinely sold vehicles as
a matter of business while posing as a private individual selling a personal
vehicle," OMVIC officials said.
According to evidence presented at
the sentencing, Campbell had actually been convicted twice previously for
curbsiding: in 2001 and 2004, and the fines imposed were not paid.
OMVIC also reported many of the
vehicles Campbell had sold illegally were previously accident damaged or
written-off.
"This was not disclosed to the
vehicle buyers, one of whom was a driver's education instructor who told
Campbell the vehicle would be used by his students," OMVIC officials stated.
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