MOTOR VEHICLES AND HIGHWAY TRAFFIC - Liability and offences - Civil actions - Wilful misconduct

Law360 Canada ( February 27, 2025, 8:59 AM EST) -- Appeal by Veerasingam from the Licence Appeal Tribunal's ("Tribunal") refusal of his registration as a motor vehicle salesperson due to allegations of misconduct. Veerasingam had been registered under the Motor Vehicle Dealers Act, 2002 ("Act") from mid-2010 until June 2022, when his registration was terminated following the end of his employment. He sought to register again with a different dealer, but the Registrar of the Ontario Motor Vehicle Industry Council ("OMVIC") proposed to refuse his registration based on incidents of sexual harassment in 2021 and 2022. The Tribunal hearing focused on whether Veerasingam's past conduct precluded his registration and if the public interest could be protected by granting registration with conditions. The past conduct involved sending inappropriate messages and videos to former co-workers and a customer. Veerasingam admitted to sending a sexually explicit video and messages to a former co-worker, GP, but claimed they were sent by mistake. He also claimed that the Instagram messages were sent by a hacker, not him. He also faced allegations of sending suggestive Instagram messages to a customer, MS, which he initially attributed to being drunk and sending sexually explicit messages to a former co-worker, NK. The Tribunal Vice-Chair found Veerasingam's explanations implausible and his evidence unreliable. The Vice-Chair determined that his conduct provided reasonable grounds to believe he would not conduct business with integrity and honesty, as required by the Act. The Vice-Chair also found that his actions were directly connected to his business as a motor vehicle salesperson and concluded that registration with conditions would not adequately protect the public. Consequently, the Tribunal refused Veerasingam's registration, concluding that granting registration with conditions would not adequately protect the public. Veerasingam appealed the Tribunal's decision, arguing procedural unfairness, including ineffective assistance of counsel and the admission of hearsay evidence....
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