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A local car dealership could face steep consequences for keeping its doors open after its licence was revoked last fall.
In Nov. 2024, Andy Boston’s registration as a motor vehicle salesperson was revoked along with T.A.Boston Auto Sales Ltd.'s registration as a motor vehicle dealer, according to the Ontario Motor Vehicle Industry Council.
Despite that, Boston has continued to operate a car dealership under the name Andy Boston Motors – with the business open as recently as last week – which could result in penalties under the Motor Vehicle Dealers Act, OMVIC said.
On July 28, both Boston and Jason Gonneville were charged with acting as a motor vehicle dealer while not registered under the act, with charges also laid against Andy Boston Motors for acting as a motor vehicle dealer as an unregistered corporation.
“Any conviction of an offence under the MVDA can result in fines of up to $50,000 and/or a term of imprisonment of up to two years for individuals, and fines up to $250,000 for corporations,” Steve Gold, a spokesperson from OMVIC, told SooToday.
“Andy Boston Motors and anyone else who continues to trade while not registered can face further charges.”
When approached by SooToday last week, Boston said he’s continuing operations, mentioning that “once we get rid of our existing inventory, we’re retiring.”
Boston lost his registration after two incidents were brought before the Licence Appeal Tribunal last fall.
In May 2023, Boston sold a 2013 Nissan Rogue that had a pre-existing lien on it, and had also been declared a total loss – which he failed to disclose on the vehicle’s bill of sale as required.
Boston also failed to initially deliver the vehicle, with the customer filing a complaint with the MVDA registrar on the matter on June 2, 2023.
The registrar repeatedly requested documents related to the transaction, many of which Boston failed to deliver, according to a document detailing the tribunal’s decision.
On Aug. 2, OMVIC also learned the vehicle still had a lien registered to another individual.
In another May 2023 incident, a customer purchased a 2011 Ford F-350, providing a $5,000 deposit, which was delivered after a “significant delay” on June 26.
“(The customer) returned the vehicle to T.A.Boston Auto Sales Ltd. a few days later because, despite being safety certified, the vehicle had multiple mechanical issues,” reads the tribunal decision document.
“On July 12, 2023, (the customer) filed a complaint with the Registrar. (The customer) also advised that Boston Auto still possessed the vehicle and had not responded to his requests for a refund, and eventually blocked (the customer’s) phone number.”
The customer did not have the bill of sale or any related documentation – mentioning they were left in the glove compartment of the truck.
Boston claimed the vehicle was seized due to non-payment of the lease.
“At a minimum, he had been verbally misled into thinking that he had purchased the vehicle and not leased it. He had also never been apprised of a seizure for non-payment,” the document said.
Boston refused to provide documents on the matter after several requests.
His registration was revoked after it was determined imposing conditions on him would not be sufficient.
“Boston has consistently failed to recognize the authority of the registrar as a regulator,” the document said.
“He failed to bring himself into compliance with the requirements of the act and the code of conduct, both in how he deals with consumers and how he deals with the registrar.”
Customers who purchase from unregistered car dealerships do not have any protections under the Motor Vehicle Dealers Act.
“Additionally, registered dealers must adhere to a strict code of conduct, including ensuring that certain disclosures are made about the vehicle, such as damage claims over $3,000 and past rental/taxi use, and that funds and deposits are dealt with properly,” Gold said.
Customers also lose access to the Motor Vehicle Dealers Compensation Fund, a program that “compensates eligible consumers up to $45,000 if they suffer financial loss from a motor vehicle purchase at a registered dealer.”
SooToday has reached out to Boston for comment on this story.
Prospective vehicle buyers can check a dealership’s legitimacy with the OMVIC dealer search tool.
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