10 total
Consent order suspending appellant's real estate salesperson registration for three months.
The appellant appealed a Notice of Proposal issued by the Registrar to suspend his registration as a real estate salesperson.
The parties reached a settlement and requested a consent order.
The Licence Appeal Tribunal ordered the Registrar to carry out the Notice of Proposal, suspending the appellant's registration for three months starting December 14, 2022.
Real estate salesperson registration approved on consent subject to strict financial and reporting conditions.
The appellant appealed the Registrar's proposal to refuse his registration as a real estate salesperson under the Real Estate and Business Brokers Act, 2002.
The Licence Appeal Tribunal ordered that the appellant's registration be accepted subject to numerous conditions, including quarterly reporting on trades and consumer proposal payments, and successful completion of compliance courses.
Motion for costs due to delayed disclosure dismissed; delay reasonably explained by pandemic remote work.
The appellant brought a motion seeking particulars, further disclosure, and costs.
Prior to the motion hearing, the respondent provided the requested disclosure, leaving only the issue of costs to be decided.
The appellant sought costs of $2,000 under Rule 19 of the Tribunal's Rules of Practice, arguing the respondent's delay in providing disclosure was unreasonable.
The Tribunal dismissed the request for costs, finding that the delay was reasonably explained by pandemic-related remote work challenges, did not prejudice the appellant's ability to have a fair hearing, and did not amount to vexatious or bad faith conduct.
Real estate broker's registration suspended for three months for false statements and professional misconduct.
The appellant, a registered real estate broker, appealed a Notice of Proposal by the Registrar to suspend his registration.
The Registrar alleged the appellant provided false statements on renewal applications by having staff complete his mandatory continuing education courses and failing to disclose his involvement in another business.
The Tribunal found that the appellant made false statements and that his past conduct, including the use of highly inappropriate language towards employees, afforded reasonable grounds for belief that he would not carry on business with honesty and integrity.
The Tribunal ordered a three-month suspension of the appellant's registration, rejecting arguments that the suspension was disproportionate or amounted to double jeopardy following provincial offences fines.
The appellant's request for costs was dismissed.
Real estate salesperson registration refused due to failure to disclose criminal convictions and providing false explanations.
The appellant appealed a Notice of Proposal to refuse his registration as a real estate salesperson.
The Registrar proposed refusal because the appellant failed to disclose prior criminal convictions for drug trafficking and possession, and provided a false and misleading explanation for a mischief conviction he did disclose.
The Tribunal found that the appellant's past conduct, specifically his dishonesty and lack of integrity in his dealings with the regulator during the application process, afforded reasonable grounds for the belief that he would not carry on business in accordance with the law and with integrity and honesty.
The Tribunal ordered the Registrar to carry out the proposal to refuse registration.
Appeal dismissed; real estate salesperson registration refused due to extensive criminal record.
The appellant appealed a Notice of Proposal by the Registrar to refuse his registration as a real estate salesperson under the Real Estate and Business Brokers Act, 2002.
The Registrar's refusal was based on the appellant's extensive criminal record spanning 13 years, which included convictions for drug trafficking, assault, and weapons offences.
The Licence Appeal Tribunal found that the appellant's past conduct afforded reasonable grounds for the belief that he would not carry on business in accordance with the law and with integrity and honesty.
The Tribunal concluded that conditions were not an appropriate alternative to refusal and ordered the Registrar to carry out the proposal to refuse registration.
Proposal to revoke real estate salesperson registration dismissed; appellant did not knowingly provide false application answers.
The Deputy Registrar issued a Notice of Proposal to revoke the appellant's registration as a real estate salesperson, alleging he falsely responded to questions on past applications and failed to disclose past refusals to register under the Motor Vehicle Dealers Act.
The Licence Appeal Tribunal found that the appellant did not knowingly provide false answers and reasonably assumed the Registrar was aware of his past bankruptcy and motor vehicle dealer registration issues.
The Tribunal ordered the Registrar not to carry out the proposal, but attached a condition requiring the appellant's lawyer to review his next two renewal applications.
Appeal dismissed; Registrar directed to refuse real estate salesperson registration due to past misconduct.
The appellant appealed a Notice of Proposal by the Registrar to refuse his application for registration as a real estate salesperson.
The refusal was based on past misconduct while registered as a motor vehicle dealer, which included fraudulent transactions, title-washing, and failure to remit retail sales tax.
The Tribunal found that despite the appellant obtaining licences in other regulated industries since the misconduct, his past actions were serious, prolonged, and placed the public at risk.
The Tribunal concluded there were reasonable grounds to believe he would not carry on business with integrity and honesty, and directed the Registrar to carry out the proposal to refuse registration.
Real estate salesperson's registration revoked for participating in mortgage fraud and committing perjury.
The Registrar proposed to revoke the Applicant's registration as a real estate salesperson, alleging he participated in a mortgage fraud and impeded an investigation by lying or committing perjury.
The Licence Appeal Tribunal found that the Applicant had lied to a RECO prosecutor or perjured himself in Provincial Court regarding the identity of a mortgage broker.
The Tribunal also found the Applicant engaged in a fraudulent 'cash back' scheme.
Concluding the Applicant would not carry on business with integrity and honesty, the Tribunal ordered the revocation of his registration.
Restitution order set aside as there was no finding that the vendor suffered a loss.
The appellant was convicted of breaching s. 31(2) of the Real Estate and Business Brokers Act, 2002.
He was fined $5,000 and ordered to pay $10,000 in restitution to the vendor of the relevant property.
The appellant appealed the restitution order.
The Court of Appeal allowed the appeal and set aside the restitution order, holding that a finding of loss is a necessary precondition to imposing a restitution order, and the evidentiary record did not establish that the vendor suffered a loss.
