The licensing body for auto dealers is appealing the acquittals of Clarke Chevrolet Buick GMC and its two senior managers on charges it engaged in shady business practices.
The Amherstburg dealership was fined $12,500 in court last month for using an unregistered salesman – Josh Beneteau – contrary to the Motor Vehicle Dealers Act.
But in her decision, justice of the peace Sonia Alongi found the dealership and managers Jim Clarke and Jesse Howell not guilty of more serious charges under the Consumer Protection Act.
The Ontario Motor Vehicle Industry Council confirmed Thursday that it has filed an appeal of Alongi’s decision.
Clarke, Howell and the dealership were acquitted of making an unconscionable representation to a customer and engaging in an unfair business practice. The charges stemmed from a vehicle sale in 2011.
In separate proceedings, OMVIC is also looking to revoke the sales licences of the dealership and its principals, including Howell and members of the Clarke family.
The dealership announced earlier this year its assets were being bought out by the Rafih Auto Group, which plans to rename the business. The licence revocations would prevent Clarke from ever reopening at a new location, or Howell and the Clarkes to continue to sell cars elsewhere.
The dealership has twice been disciplined in relation to consumer complaints unrelated to the 2011 sale. Last year, it was named small business of the year by the chamber of commerce.
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