Anatomy of a Curbsider

People often ask, what is a curbsider?

If you love cars so much you own ten, you are not a curbsider when you go to sell them. Why? Because you bought them to own them, enjoy them, drive them from time to time, insure them and generally act like they were yours.

Curbsiders don’t do that, they buy and sell for the sole purpose of turning a profit. They behave like dealers except they avoid the hassle of actually registering with OMVIC, leaving consumers who buy from them vulnerable to poor disclosures, liens, bad odometers, no access to the Compensation Fund or recourse to mediation with UCDA or OMVIC.

This case illustrates perfectly what this looks like in practice:

Edited for space

See full case here: https://tinyurl.com/4uuf4kna

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ONTARIO MOTOR VEHICLE INDUSTRY COUNCIL

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CHRISTIAN NICHOLAS IRVEN JOVER

The accused pleaded not guilty to six offences under the Motor Vehicle Dealers Act, … and the Consumer Protection Act …
Specifically, he is charged that he acted as a motor vehicle dealer when not registered to do so in relation to four vehicles and that he engaged in an unfair practice by making false, misleading or deceptive representations regarding the trade of two
… In total there are four vehicles at issue:
- A 2006 Acura CSX
Alleged that between November 7, 2024 and November 13, 2024 he acted as a motor vehicle dealer …
- A 2006 BMW X3
Alleged that between October 26, 2024 and January 27, 2025 that he acted as a motor vehicle dealer …
- A 2011 Acura CSX
Alleged that between January 10, 2025 and February 24, 2025 that he acted as a motor vehicle dealer …
- A 2016 Kia Sorento
Alleged that between March 14, 2025 and April 16, 2025 that he acted as a motor vehicle dealer …
There is little dispute as to the facts … His position is that all of the sales should fall within the following exemption set out in Section 5 of the Motor Vehicle Dealers Act:
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.
EVIDENCE RELATING TO THE 2006 ACURA CSX
Mike Bennett … saw an advertisement for a 2006 Acura CSX that had been placed by Jover and reached out to him … Mr. Bennett viewed the car in the driveway at the accused’s residence in Barrie, took it for a short test drive, and they agreed upon a price of $4300 …
- Jover suggested to Mr. Bennett that he under-report the price of the vehicle when registering it in order to pay tax on a lower amount. He provided a bill of sale that reflected a sale price of
$1000 …
At the time of registration, Mr. Bennett became aware that Mr. Jover had not owned the vehicle as long has he had earlier claimed. He sent the following text message to the accused: “The vehicle history report says you registered this car on Nov 7th 2024. I thought you said you bought this car last year and have been driving it around?” The accused responded “It was in my wife’s familys name before I registered it I think it was registered under her We have been driving it for about a year but only switched over the ownership recently after he past away.” …
At trial, Jover admitted that he had lied to Mr. Bennett, that he had actually purchased the vehicle on November 7, 2024, …
About two weeks after the purchase, Bennett … discovered substantial frame damage … He contacted Mr. Jover and asked to undo the transaction … Mr. Jover refused, advising that the car had been sold “as is,” that he is not a dealer, that the Consumer Protection Act does not apply to private sales, and that he therefore does not owe anything to Mr. Bennett

EVIDENCE RELATING TO THE 2006 BMW X3

Scott Virtue is the manager of Complaints, Inquiries and Compliance for … He responded to an advertisement for a 2006 BMW X3, listed by Mr. Jover on Kijiji for $3300. He viewed an advertisement on January 6, 2025, noting that it had been placed on December 24th and that it stated “Over 4k invoices since 2022, well maintained, always kept up with service.”
Virtue attended at Mr. Jover’s residence on January 8, 2025. Mr. Jover told him that he had owned the vehicle since September and provided invoices for work that had been performed on it. The invoices showed the owner of the vehicle at the time was a numbered company … records show that the accused had purchased the vehicle on October 26, 2024.
Jover ultimately sold the BMW to a member of the public who called him with issues shortly after the sale … He maintains that his advertisement was not misleading as he did not explicitly say that he was the owner who had spent over $4000 on repairs
and maintenance since 2022. Further, he maintains that he had no obligation to disclose known deficiencies of the vehicle to the buyer as he is not a registered dealer.

EVIDENCE RELATING TO THE 2011 ACURA CSX

Marc Duvall is the Manager of Investigations for OMVIC. He reached out to the accused as an undercover buyer regarding a 2011 Acura CSX that the accused had listed on Facebook Marketplace for $4800. Duvall set up a meeting and attended at the accused’s address in Barrie on January 19, 2025. Mr. Jover advised him that he had purchased the car as a “winter beater,”… He said he had owned it “not long” and “less than a year.” In fact, according to MTO records, the vehicle had been registered in his name only two days prior.
At trial, the accused testified that he had purchased the vehicle on January 7, 2025. He testified that he was trying to sell it as he had two summer cars that he brings out and that he ultimately sold the car to a member of the public on March 15, 2025.

EVIDENCE RELATING TO THE 2016 KIA SORENTO

Jover purchased the 2016 Kia Sorento from his employer, Georgian BMW Mini, where he works as a lot attendant. The vehicle had come into the dealership as a trade-in, and Mr. Jover paid $6500 for it on March 14, 2025, registering it under his own name on the same date.

He testified at trial that right after buying the vehicle he realized that there was no oil in it and suspected that it was traded in because it was burning through He did an engine flush but it still burned through a litre of oil per 1000 kilometers and it was more than he could keep up with …
- He listed it for sale on Facebook Marketplace on April 1, 2025 for
$10,500. The advertisement included the following statements: “No warning light or mechanical issue – had the car serviced recently – insured and I drive it to work everyday – serviced with synthetic oil every 5k – only issue I am having with the vehicle is the rearview camera is not getting a picture, and there was a minor Carfax claim in 2015 for front right. Also the passenger front door has some rust.”
Scott Virtue of OMVIC reached out to Jover as an undercover buyer. He expressed interest in the vehicle and subsequently attended at Mr. Jover’s address on April 16, 2025, taking photos of the vehicle during the short meeting …

ANALYSIS

Jover admits that he advertised and/or sold vehicles during the relevant dates, and to the communications attributed to him. He argues that the exemption at s.5 of the Motor Vehicle Dealers Act does not specify a minimum length of time that a private seller must own a vehicle prior to listing it for sale, and that each of his trades should therefore fall within the exemption …
Jover testified that he had taken the OMVIC course and was aware of the disclosure obligations … When he was asked during cross-examination … whether he understands that registered dealers have an obligation to disclose such problems, he responded glibly “but I’m not a registered dealer.”
Mr. Jover appears to presume that by characterizing his trades as private sales that he was exempting himself from the requirement to make the honest disclosure …
Jover’s representation to Mr. Bennett, that he and his wife had been driving the 2006 Acura CSX for the past year, was … false and deceptive …
… whether the vehicles were used primarily for Mr. Jover’s personal use and therefore fall within the exemption is a question of actual use as opposed to intention. Mr. Jover asserts that he changed his mind about each of the vehicles after purchasing them and that the exemption does not specify a minimum length of time that one must own a vehicle …
Jover’s account … lacks credibility, especially when considered as a whole. The circumstances surrounding the trades of the four vehicles clearly demonstrate a pattern of trading in vehicles for profit as opposed to legitimate personal use …
That Jover registered the vehicles in his own name, that he insured them, and that he met with buyers at his home address are not determinative of the issue …

CONCLUSION

I am satisfied beyond a reasonable doubt that Jover acted as a motor vehicle dealer regarding the trade of the four vehicles when not registered to do so, and that he made a false, misleading and deceptive statement regarding the 2006 Acura CSX. I therefore find him guilty on counts 1, 2, 3, 5, and 6 on the Information. I have been invited to acquit on count 4 and I do so.

Released: January 28, 2026

Signed: Justice of the Peace C. Noordegraaf

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