Ottawa Area Curbsider Fined
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Toronto, March 23, 2003 -
Curbsider Eric Philip Stiles
received heavy fines in
provincial court on Monday,
March 22 for offences in
contravention of the Motor
Vehicle Dealers Act (MVDA) and
Business Names Act (BNA).
Stiles, who was known to operate
in the Ottawa area, was
convicted of 20 counts of
curbsiding and fined a total of
$30,000. Numbered companies
operated by Stiles -- 148117
Ontario Inc. and 3908429 Canada
Inc. -- were also collectively
convicted of 20 counts of
curbsiding and fined $82,500.00.
In addition to these fines,
Stiles also faces a 24-month
probationary period.
In Ontario, all motor vehicle
dealers and salespeople must be
registered under the MVDA before
engaging in the business of
buying, selling or leasing
vehicles. In the industry,
unregistered individuals selling
vehicles are known as "curbsiders"
and are subject to prosecution.
Stiles and 1481147 Ontario Inc.
were also charged under the BNA
for carrying on business under a
name that was not registered.
Both were convicted of 5 counts
each and fined a total of
$15,000. A 24-month probationary
period also accompanies these
fines.
Total fines under the Motor
Vehicle Dealers Act and the
Business Names Act (including a
victim's surcharge) totalled
$159,375.
Ken Peterson, Chair of the
Ontario Motor Vehicle Industry
Council -- the self-management
body responsible for dealer
registration and administration
of the Motor Vehicle Dealers Act
-- says Stiles' fine is a
consumer victory that ought to
serve as an example for other
curbsiders: "It appears the tide
may finally be turning in favor
of the consumer. Ontario's
dealers can cheer when they see
these kinds of fines imposed on
the bad guys, however the
consumer is the real winner. If
stories like this one were to
receive more provincial
exposure, it might deter other
curbsiders in all parts of
Ontario."
Consumers buying motor vehicles
are reminded that transactions
conducted through registered
dealers are protected through
the Motor Vehicle Dealers
Compensation Fund. The fund is
financed by registered dealers
and is available (under specific
criteria) to consumers who may
have suffered a financial loss
from their motor vehicle
transaction. This protection is
lost if buying privately or
through a curbsider. OMVIC's web
site, www.omvic.on.ca, allows
consumers to search for
registered dealers in their
communities and also provides
more information on the
compensation fund.
Suspected curbsiders can be
reported to OMVIC by calling
1-888-NOCURBS.
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