Reasons for Decision and Order
13303&13307/MVDA
particular case turns on its own facts. I therefore find it unnecessary to review
those cases as part of this decision. They are listed in the footnote below.10
Costs
[201] The appellants both requested costs. I said I would provide a timeline for
submissions on costs as part of my order. The parties must follow the
requirements of Rule 19 should they wish to seek costs. They are reminded that
the test for awarding costs at the Tribunal it is not easy to meet.
ORDER
[202] Pursuant to s. 9(5) of the Act, the Tribunal substitutes its opinion for that of the
Registrar and orders that Mr. Irani and Mr. Khan each be registered forthwith as
a salesperson under the Act without conditions.
[203] If any of the parties wish to bring an application for costs, they shall comply with
the following timelines and terms:
Any application for costs by any party shall be served on the other parties
and sent to the Tribunal on or before July 22, 2022.
Responding submissions, if any, shall be served on the other parties and
filed with the Tribunal on or before July 29, 2022.
Submissions must follow Rule 19 of the Tribunal’s Rules and clearly and
succinctly state the basis for costs.
10 For the appellant Khan: Zabian [2011] O.L.A.T.D. No. 68, paras 28-32, 35-36; Ontario (Alcohol and
Gaming Commission of Ontario) v. 751809 Ontario Inc.; (Famous Flesh Gordon's), 2013 ONCA 157,
paras 18, 19, 24, 26-29, 31-33, 37; 11524 v. Registrar, Motor Vehicle Dealers Act, 2002, 2019
83885 (ON LAT), paras 52, 54, 77; Registrar,(Alcohol and Gaming Commission of Ontario) v. Thomas
Kyron, 2019 ONSC 5039 (), para 27; 11248 v. Registrar of Alcohol, Gaming and Racing, 2018
ONLAT HRLA 11248 (), paras 34-36, 73, 75, 77, 79, 84; Arulappu v. Registrar, Real Estate and
Business Brokers Act, 2011 ONSC 797 (), paras 8-9; Amit Khosla v. Registrar, Motor Vehicle
Dealers Act, 2002 ONLAT 12337/MVDA; Justin Bradley Moore o/a Bluewave Auto Sales v. Registrar,
Motor Vehicle Dealers Act, 2019 101597 (ON LAT) For the Registrar: Ontario (Alcohol and
Gaming Commission of Ontario) v. 751809 Ontario Inc. (Famous Flesh Gordon's), 2013 ONCA 157 at
para 18-19, 27-29; 1855456 Ontario Inc o/a 1st Class Auto Sales and Rasheed Halbouni v. Registrar,
Motor Vehicle Dealers Act, 2002, 2020 34394 (ON LAT) at para 75, 90 & 91; 1855456 Ontario Inc.
v. Registrar, Motor Vehicle Dealers Act, 2002, 2021 ONSC 2905 () at para 14; Bukshtein v.
Registrar, Motor Vehicles Dealers Act, 2021 90668 (ON LAT) at para 75-76; (Re Deimer), [2015]
O.L.A.T.D. No. 59 at para 67-68; (Re Hosseini-Rad), [2004] O.J. No. 1273 131; Zabian v. Registrar, Motor
Vehicle Dealers Act, 2002, 2021 114053 (ON LAT) at para 38
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