Eligibility Criteria

• The dealer has failed to satisfy a court judgment that has become final.
• The dealer has failed to return a deposit to a consumer on an undelivered motor vehicle.
• The dealer has become bankrupt, a receiver has been appointed or a winding-up order has been made.
• The dealer has been convicted of an offence related to the trade in the motor vehicle.
• The dealer has failed to remit payment on an extended warranty contract, or has not paid for a repair which would have been covered by the dealer’s warranty contract, or has not paid for a repair which would have been covered by the dealer’s warranty and/or has not refunded the warranty premium paid by the consumer.
• The dealer has failed to remit or honour the conditions of a service plan agreement.
• The dealer has seriously misrepresented the vehicle to the consumer and the consumer would be eligible for cancellation of the contract under Section 50 of the Motor Vehicle Dealers Act (MVDA)
  • Applies only to transactions occurring after January 1, 2010.
• The dealer has had its licence revoked by the Registrar and one of the reasons includes issues related to the consumer’s vehicle transaction
  • Applies only to transactions occurring after January 1, 2010.
• The motor vehicle has been seized by law enforcement or lawfully by a creditor (not the consumers) and the motor vehicle will not be returned
  • Applies only to transactions occurring after January 1, 2010.

Note:Specific criteria will vary depending on the date of the transaction with the OMVIC-Registered Dealer:

• Claims for vehicle transaction occurring prior to January 1, 2010 will be considered under the Motor Vehicle Dealers Act, 1990 and Regulation 801.
• Claims for vehicle transactions on or after January 1, 2010 will be considered under the Motor Vehicle Dealers Act, 2002 and Regulation 333/08.

Who is NOT eligible to make a claim:

• Consumers who purchased a motor vehicle privately (ie. Not through an OMVIC-Registered Dealer);
• If the motor vehicle was purchased for business purposes;
• If the consumer is related, by blood or adoption, or is the spouse of an OMVIC-Registered Dealer;
• The consumer was complicit in illegal activity in the motor vehicle transaction;
• A consumer who misrepresents the nature of the claim or provides false or misleading evidence in support of the claim.

Claims Process:

It is important for a consumer to first contact the registered dealer in attempt to work out a reasonable solution. If the issue remains unresolved, the consumer may be eligible to make a claim to the Compensation Fund setting in motion the following process:

• Completion and submission of the Compensation Fund Application Package and supporting documents
• OMVIC staff review the application to ensure it is complete and meets the eligibility criteria
• At scheduled meetings, the Board of Trustees reviews the application for compensation
• The Board of Trustees will inform all claimants of their final decision
  • In the event that claim is denied by the Board of Trustees, the claimant has the right to appeal with the Licence Appeal Tribunal

Contact Motor Vehicle Dealers Compensation Fund:

Phone: 1-800-943-6002 ext. 3552
Fax: 416-226-9406
Email: