Convicted Curbsider Fined $18,000


Toronto, September 30, 2002 - Last Thursday, September 26th, a Brampton court handed down a stiff $18,000 fine to Thayabaran Jeyanathan for selling motor vehicles as an unregistered dealer, an offense under the Motor Vehicle Dealers Act.

Jeyanathan, who operates Power Auto in Toronto’s east end, was fined a total of $18,000 on six counts of illegally selling vehicles. Under the Motor Vehicle Dealers Act Jeyanathan was required to register with the Ontario Motor Vehicle Industry Council (OMVIC) prior to selling vehicles. Although Jeyanathan is now a registered dealer, his activities prior to registration were still punishable. In this case, there was no evidence of misrepresentation of the vehicles.

Individuals selling cars illegally are referred to as “curbsiders.” Often posing as private individuals, they’re actually in the business of selling vehicles without being registered to do so under the Motor Vehicle Dealers Act.

Carl Compton, Executive Director and Registrar of OMVIC reminds consumers to be cautious when purchasing vehicles privately: “Curbsiders may be fraud artists selling stolen, odometer-tampered or accident-damaged vehicles or simply people who can't qualify as a dealer because of their past record. Whatever they are, consumers want to do everything possible to avoid them. You don't know what you're buying and by the time you find out, the curbsider is long gone.” Unfortunately, studies show that up to 25% of private classifieds are placed by curbsiders.

In recognition of just how serious the curbsider problem is, provincial consumer Minister, the Honourable Tim Hudak, introduced legislation on September 26th that will establish a minimum fine of $2,500 for the offense of curbsiding, and will even make it an offense for a registered dealer to supply vehicles to a curbsider.

This important piece of legislation not only recognizes the dangers of buying from a curbsider, but the benefits of buying from a registered dealer: you know who you are buying your vehicle from, you know where to find the seller later on if you run into problems, you know dealers have to comply with a Code of Ethics and Standards of Business Practice, you have a consumer protection organization -- OMVIC -- to assist you if required, and as a court of last resort, you can make a claim to the Motor Vehicle Dealers' Compensation Fund under specific circumstances.

Before purchasing vehicles, consumers are encouraged to visit the OMVIC website, www.omvic.on.ca, to check the list of registered dealers in Ontario. Suspected curbsiders should be reported to the OMVIC hotline: 1-888-NOCURBS.

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