David Burke

The appellant appealed a proposal by the Registrar to refuse his application for registration as a real estate salesperson under the Real Estate and Business Brokers Act, 2002.

The Registrar's proposal was based on the appellant's past misconduct as a registered motor vehicle dealer, his failure to pay a liability to the Motor Vehicle Dealers Compensation Fund, and false statements made in his application.

The Licence Appeal Tribunal found that the appellant could not reasonably be expected to be financially responsible, had knowingly provided false statements, and had a history of dishonest conduct that afforded reasonable grounds to believe he would not carry on business with integrity and honesty.

The Tribunal directed the Registrar to carry out the proposal to refuse registration.

The Registrar brought a motion to quash the Appellant's appeal of a proposal to refuse his registration under the Real Estate and Business Brokers Act, 2002.

The Registrar argued that the appeal was an abuse of process because a different panel of the Tribunal had recently refused the Appellant's registration under the Motor Vehicle Dealers Act, 2002, based on similar statutory grounds regarding past conduct and integrity.

The Tribunal dismissed the motion, finding that the ultimate issues under the two legislative schemes are distinct.

The Tribunal held that the Appellant was entitled to a hearing to present new evidence and propose conditions specific to the real estate industry.

The appellant, a thoroughbred licensee, appealed a ruling suspending his license pending an Ontario Racing Commission investigation and requested a stay of the suspension.

The appellant was subject to a court order with restrictions related to ongoing criminal proceedings.

The Commission denied the request for a stay, finding that the appellant failed to provide compelling reasons and that financial hardship alone does not constitute extraordinary circumstances justifying a stay before the completion of the regulatory investigation and criminal matters.