Jack Fitch

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.

The applicant's husband was killed in a motor vehicle accident while in the course of his employment.

The family received workers' compensation benefits and also claimed death benefits under the deceased's automobile insurance policy.

The insurer denied the claim, arguing that section 20 of the Statutory Accident Benefits Schedule precludes payment of no-fault benefits when workers' compensation benefits are payable.

The arbitrator agreed, finding that section 20 reflects a legislative intent to prevent double recovery and makes the auto insurer the payer of last resort.

The applicants were ordered to repay the $45,000 in death benefits previously advanced by the insurer, along with interest.