As reported to Members in previous Front Lines, OMVIC is getting serious about stamping out the illegal practice of nominee buying https://tinyurl.com/3kwkrm74
As our readers know, this is the practice of using unregistered salespeople to buy vehicles, who then flip them to exporters, all while the seller is unaware of the true nature of the transaction. Ontario law requires such buyers to be OMVIC registered. Exporters traditionally did not register such vehicles in their name, another violation OMVIC takes issue with.
OMVIC is prosecuting such cases in Ontario courts. As previously reported, there is an interesting case on this subject, called OMVIC v. Grey.
The latest development in this saga occurred on March 21, 2025 in a courtroom in Newmarket.
OMVIC wants to proceed with the curbsiding charges and prosecution, but the Greys’ lawyer is still trying to have the charges withdrawn or seek the right for the Canadian Vehicle Exporter’s Association (CVEA) to intervene. As mentioned previously, their Executive Director, Damon Lyons, supplied affidavits in support of the Greys’ case against OMVIC.
It was interesting to see that some of the Greys’ motions (the Charter argument regarding the violation of right to unreasonable search and seizure, for example) were abandoned at the latest hearing, but the Greys’ counsel still has the option of raising those arguments at trial.
Essentially, the court dismissed the Greys’ motion on the question of intervening, because the Provincial Offences Act does not allow for interveners.
The Greys’ wanted to be able to cross-examine the OMVIC investigator on his affidavit (to get admissions to use for the exclusion of evidence for charter violations). The court denied this request noting that the Greys’ will have the opportunity to cross-examine the investigator at trial. The Greys have appealed these rulings.
The first day of trial was set for April 4th, 2025 in Newmarket Provincial Court. This was adjourned until April 14th, 2025 and on that date the Provincial Court stayed the charges pending the appeal of the Superior Court decision.
We will continue to follow this case and report on it to Members, as we await the results of the two appeals.