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.