AFJ
Well-known member
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Philosophical questions
- Thread starter TK4
- Start date
Perfect, Mad Mike just needs to transfer the bikes to his lawyerRegarding the OMVIC exemptions from the requirement to register to be able to sell a vehicle, they are:
Laws and Regulations
OMVIC maintains a fair, honest and straightforward industry. Reference the laws and regulations for vehicle sales in Ontario.www.omvic.on.ca
That's what I was thinking. I expected a caveat like all the other categories (along the lines of "as part of execution of legal duties related to estates/business dissolution, etc") but it appears they have cart blanche to run a dealership outside of omvic oversight.
AFJ
Well-known member
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A lawyer doesn't need to be overseen by OMVIC, he has the BAR looking over his shoulder. The BAR has a lot more power than OMVIC.
I don't really see how OMVIC has any power over MadMike, as Mike is neither a member of OMVIC or a business.
That's how monopolies work. They don't like competition so they lobby their politician friends to give them unhealthy power under the pretense of consumer protection.
"OMVIC (Ontario Motor Vehicle Industry Council) enforces the Motor Vehicle Dealers Act (MVDA) on behalf of the Ministry of Government and Consumer Services."
Legislation is clear like mud. MM would be exempted if he trades his own personal use vehicles. Like a TFSA, that definition is grey and the regulatory authority uses this greyness to attack people. From the interpretation MM got, holding vehicles for too little time in your name can get you in trouble or trading too many vehicles (even though those details are not in the act).
From MVDA (Law Document English View):
"“motor vehicle dealer” means a person who trades in motor vehicles, whether for the person’s own account or the account of any other person, or who holds himself, herself or itself out as trading in motor vehicles;"
"4 (1) No person shall,
(a) act as a motor vehicle dealer unless the person is registered as a motor vehicle dealer under this Act;"
"Exemption
5 An individual who trades in a motor vehicle on his or her own account or on the account of a member of the individual’s family is exempt from the registration requirements under section 4, if the motor vehicle is used primarily for the personal use of the individual or a member of his or her family. "
Does it come with only a 10mm?
Interesting concept. Poor execution imo. I want that UV paint all over. A little ring on one end often won't be in a position to help me.
But OMVIC is a professional association. All OMVIC can do is fine members or rescind their license... seeing how Mike isn't a member, anything OMVIC does has ZERO consideration in Mike's life.
Omvic can petition the court to see a member's books, Mike can tell 'em to piss off.
There is no law against selling multiple vehicles in Ontario. Sell multiple vehicles and you'll have CRA on you, NOT OMVIC.
Given a choice, I would rather deal with OMVIC. CRA has NO sense of humour. NONE WHAT SO EVER!
OMVIC fines curbsiders reasonably often. They are not OMVIC members and do not have a license. That's where the grey area is. OMVIC has power through MVDA to force "dealers" to comply and they get to decide who is a dealer. No clean definition of dealer so OMVIC uses one that suits them (and doesn't publish an official definition so they can change it as they see fit). Sure, MM may win in court but the lawyering will vastly exceed his income from selling repaired bikes (which was probably almost zero anyway but he kept some neglected bikes alive).
The only case of "curb siding" I know of is that guy from Niagara or Windsor, and he WAS an OMVIC member.
Curb siding is currently in the news because of auto theft, not OMVIC or CRA.
Curb siding is currently in the news because of auto theft, not OMVIC or CRA.
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