Senior Legal Counsel

Posted
February 16, 2024
Closing Date
Closing Date: March 12, 2024

Who is OMVIC?

OMVIC (Ontario Motor Vehicle Industry Council) is Ontario’s vehicle sales regulator. OMVIC enforces the Motor Vehicle Dealers Act and other consumer protection statutes for the Ministry of Government and Consumer Services. OMVIC’s mandate and role is to maintain a fair and informed marketplace by protecting the rights of consumers, enhancing industry professionalism and ensuring fair, honest and open competition for registered motor vehicle dealers. This is achieved by maintaining strict dealer/salesperson registration requirements; inspecting all Ontario dealers (new and used); providing free complaint handling to consumers; developing/delivering consumer and dealer education/awareness programs; and investigating and prosecuting industry non-compliance and illegal sales (curbsiding).

What do we offer?

OMVIC is made up of dedicated and hard-working individuals who take pride in the work they do each day to ensure that our mandate is being met. It is this great group of people that create a team atmosphere that is comfortable, friendly, and open which works to foster the team spirit.

Role Summary

Reporting to the General Counsel, Senior Legal Counsel will handle various operations and activities related to all aspects of providing legal services for the organization and administrative actions and prosecutions under the MVDA and CPA. Duties are primarily related to litigation but include other aspects of advising and acting for the organization. Senior Legal Counsel is to liaise with inspection, registration, complaints, investigations, Compensation Fund, communications, and legal staff and to represent the Registrar and OMVIC and act as prosecutor at hearings before the License Appeal Tribunal (LAT), the Ontario Court of Justice, the Superior Court of Justice and the Ontario Court of Appeal. Attend and participate in meetings about problem applications and non-compliant registrants to determine their eligibility for registration or decide on a course of action. To act as a resource for all staff to consult regarding laws, rules of evidence, and the law generally.

Responsibilities

  • Provide advice to OMVIC and on investigations and law enforcement matters.
  • Represent the Registrar at hearings before the License Appeal Tribunal, Discipline Committee hearings, and provides legal support to OMVIC Compensation Fund of Trustees and administrative staff as needed.
  • Represent the Registrar and OMVIC at Superior Court of Justice and Ontario Court of Appeal hearings.
  • Act as counsel in civil matters and privacy requests as assigned.
  • Supervise assigned legal counsel and/or Prosecutor with litigation file management, witness interviews, background inquiries and summons service.
  • Assist with legislative review projects and other corporate programs as necessary.
  • Participate in policy development.
  • Provide assistance to communications staff regarding media inquiries.
  • Educate dealers about their rights and responsibilities and ensure compliance with relevant public protection statutes.
  • Meet with registrants regarding compliance concerns or other issues as required.
  • Supervises and provides feedback on sustentative work of assigned lawyers and/or prosecutors.
  • Partners with Assistant General Counsel to support the fulfilment of the responsibility of that position as needed, including but not limited to; assisting with privacy inquiries and handling of formal internal complaints as assigned.
  • Advises operational directors and managers on legal issues pertaining to the exercise of discretion and authority.
  • Provides training as needed for all staff, including all legal staff, on regulatory issues and in professional development for legal staff.
  • Prepares and disseminates legal memoranda and guidance to internal and external clients, partners and stakeholders as assigned.
  • Litigates matters in court and tribunals, including appeals/judicial reviews as assigned.
  • Other duties as assigned.

Qualifications

  • Membership, in good standing, as a lawyer with the Law Society of Ontario (LSO).
  • Minimum of 5 years practicing law in Ontario, with solid litigation experience acquired in a regulatory body or government setting.
  • Ability to independently manage and successfully carry out all OMVIC litigation matters (i.e. POA Prosecution, Discipline litigation, LAT litigation, Appeals and Judicial Review Applications) Excellent organizational, communication and decision-making skills to direct and manage the activities of staff, to set and maintain priorities and to co-ordinate efforts with stakeholders and law enforcement
  • Extensive practical knowledge of the Criminal Code, Canada Evidence Act, Provincial Offences Act, Highway Traffic Act, Motor Vehicle Dealers Act, 2002, Consumer Protection Act, Sale of Goods Act, and Safety and Consumer Statutes Administration Act and other related statutes as they apply to the activities of the Council.
  • Extensive experience in administrative law, the investigation of offences, and the prosecution process.
  • Practical knowledge of the motor vehicle dealer industry in Ontario.
  • Superior analytical skills to analyze program requirements, predict future needs, resolve problems, and assess operational performance data.
  • Oral and written communication skills to prepare and oversee the preparation of reports, legal documents, and correspondence; and make effective presentations.
  • Computer proficiency with a variety of relevant software applications (e.g., MSOffice, Teams, Zoom, etc.) and peripherals.

We respectfully thank all applicants for their interest in working at OMVIC. However, we will only contact those meeting the qualifications for an interview.

OMVIC fosters an environment that respects people’s dignity, ideas and beliefs, thereby working to ensure diversity, equality and inclusion and has been committed to and will continue advocating for an environment where all persons are treated with fairness, dignity, and respect. OMVIC is committed to providing accessible employment practices that are in compliance with the Accessibility for Ontarians with Disabilities Act (AODA), ensuring that all individuals are treated with dignity and respect. Should you require accommodation for disability during any stage of the recruitment process, please notify the Human Resources department.

How to apply

If you are interested in the position, please submit a cover letter and resume, highlighting the position title to the attention of Human Resources no later than March 12, 2024, at 5:00 pm, to Email: [email protected]