Entitlement to compensation
 79. (1) A customer of a registered motor vehicle dealer is entitled to compensation from the Fund in respect of a claim for a pecuniary loss if, (a)  the claim arose from a trade in a motor vehicle between the customer and the dealer; (b)  the claim meets the requirements set out in a paragraph of subsection (3); (c)  at the time of the trade, the dealer was a registrant; (d)  the customer was acting in the trade as a consumer within the meaning of the Consumer Protection Act, 2002; and (e)  the customer has given the dealer, in accordance with section 37 of the Act, a written notice of demand for payment of the claim and the dealer has refused to pay the claim or is unable to do so.  O. Reg. 333/08, s. 79 (1). (2) Subsection 37 (3) of the Act does not apply to a notice given under clause 79 (1) (e) of this Regulation.  O. Reg. 333/08, s. 79 (2). (3) The requirements for a claim mentioned in clause (1) (b) are the following: 1.  The claim arose from an act or omission of the registered motor vehicle dealer that was the subject of a proposal under clause 9 (1) (a) or (b) of the Act to suspend, revoke or refuse to renew the registration of the dealer and, i.  the dealer did not request a hearing by the Tribunal, or ii.  the dealer requested a hearing by the Tribunal and the Tribunal ordered the registrar to suspend, revoke or refuse to renew the registration of the dealer. 2.  The claim arose from a trade in connection with which the registered motor vehicle dealer has been convicted of an offence. 3.  The trade from which the claim arose was a purchase or lease of a motor vehicle from the registered motor vehicle dealer. A law enforcement authority has seized the vehicle and indicated that it will not be returned to the purchaser or the lessee. 4.  The trade from which the claim arose was a purchase or lease of a motor vehicle from the registered motor vehicle dealer. A creditor, other than a creditor of the customer, has legally seized the vehicle and indicated that it will not be returned to the purchaser or the lessee. 5.  The trade from which the claim arose was a purchase or lease of a motor vehicle from the registered motor vehicle dealer. The claim does not exceed the total sale price of the vehicle at the time of the purchase, if the claim arose from a purchase of the vehicle, or the lease value of the vehicle included in the information mentioned in subparagraph 1 i of subsection 41 (1) at the time of the lease, if the claim arose from a lease of the vehicle. The claim is for a deficiency that the dealer has refused to remedy. The deficiency is something that, i.  the vehicle does not have and the customer had indicated was material to the trade for the vehicle to have, or ii.  the vehicle has and the customer had indicated was material to the trade for the vehicle not to have. 6.  The claim is for the return of a deposit or other payment by the customer under a contract for the purchase or lease of a motor vehicle from the registered motor vehicle dealer. The dealer has not delivered to the customer, within the time period required by the contract, the vehicle or an alternative motor vehicle that is acceptable to the customer. The customer has made a demand for a refund of the deposit or payment. The dealer has refused without legal justification to make the refund or is unable to make the refund by reason of bankruptcy or insolvency. 7.  The claim relates to an extended warranty that was sold by the registered motor vehicle dealer or facilitated through the dealer. The claim is for, i.  the return of all payments made by the customer under the warranty that were unearned because the dealer has not complied with clause 47 (7) (c), ii.  subject to subsection (5), the cost of repairs or replacement that should have been, but were not, provided under the warranty, if the dealer was the seller of the warranty, or iii.  the amount for which the dealer is liable under subsection 47 (3), if the dealer was not the seller of the warranty. 8.  The claim relates to a service plan that was sold by the registered motor vehicle dealer or facilitated through the dealer. The claim is for, i.  the return of all payments made by the customer under the service plan that were unearned because the dealer has not complied with clause 48 (6) (c), or ii.  the cost of goods or services that should have been, but were not, provided under the service plan, if the dealer was the seller of the plan. 9.  The claim is for a refund owed to a customer under clause 50 (10) (b) or (11) (b) if the customer is entitled to a refund under the applicable clause. 10.  The amount of the claim is the subject of a judgment or an order made by a court for the payment of compensation or the making of restitution by the registered motor vehicle dealer to the customer. The judgment or order has become final by reason of the expiration of the time for appeal or of having been confirmed by the highest court to which an appeal may be taken. 11.  The claim is for a liquidated amount that the registered motor vehicle dealer owes to the customer. The dealer has become a bankrupt or a winding-up order has been made or a receiver appointed in respect of the business of the dealer under the Bankruptcy and Insolvency Act
(Canada), the Companies’ Creditors Arrangement Act
(Canada) or the Winding-up and Restructuring Act
(Canada).  O. Reg. 333/08, s. 79 (3); O. Reg. 221/09, s. 19 (1). (4) Despite subsection (1), a customer is not entitled to compensation from the Fund if, (a)  the customer is related, by blood or adoption, to the registered motor vehicle dealer against whom a claim is made or to a director or officer of the dealer; (b)  the customer is a spouse of the registered motor vehicle dealer against whom a claim is made or a spouse of a director or officer of the dealer; (c)  the customer is associated, as described in subsection 1 (2) of the Act, with the registered motor vehicle dealer against whom a claim is made; (d)  the customer was complicit in illegal conduct relating to the trade; (e)  the customer misrepresents the nature of the claim or provides false or misleading evidence in support of the claim; or (f)  the customer made a previous claim for compensation from the Fund based on the same facts or substantially the same facts.  O. Reg. 333/08, s. 79 (4). (5) If the Board determines that a customer of a registered motor vehicle dealer is entitled to compensation from the Fund in respect of a claim described in subparagraph 7 ii of subsection (3), the Board may direct the Trustee, in addition to paying the compensation, to pay the customer the amount of the premiums that the customer is required to make under the extended warranty that is unearned at the time that the customer makes the claim.  O. Reg. 221/09, s. 19 (2). (6) If the Board directs the Trustee to pay the additional payment described in subsection (5) from the Fund, the customer is not entitled to compensation from the Fund for any further claims described in subparagraph 7 ii of subsection (3).  O. Reg. 221/09, s. 19 (2).