3 total
Motion for summary dismissal denied on condition that applicants attend future pre-hearing conferences.
The respondent brought a motion for summary dismissal after the self-represented applicants missed two scheduled pre-hearing conferences without notice.
The Tribunal issued a Notice of Intention to Dismiss.
The applicants subsequently provided doctor's notes and written submissions explaining the absences.
The Tribunal found it just to provide the applicants with another opportunity to proceed toward a hearing, dismissing the motion on the condition that the applicants attend future scheduled events and meet deadlines.
Tribunal dismissed hearing request without notice after applicant repeatedly failed to attend scheduled proceedings.
The applicant filed a request for a hearing to challenge a Notice of Proposal to impose a $20,000 administrative penalty for paying compensation to a non-licensee.
After a history of adjournments and failures to attend pre-hearing conferences, the applicant failed to attend the scheduled hearing, which had been set peremptory on him.
The Financial Services Tribunal applied Rule 35.01 of its Rules of Practice and Procedure to dismiss the proceeding without further hearing and without notice, ordering the CEO to carry out the Notice of Proposal.
Appeal of mortgage agent licence revocation dismissed; civil standard of proof applies to serious regulatory allegations.
The appellant appealed a decision of the Financial Services Tribunal revoking her mortgage agent licence.
The Tribunal found she had engaged in a repeated pattern of dishonesty, including failing to disclose a previous real estate registration revocation and a criminal conviction for obstructing justice, and misleading investigators.
On appeal, the appellant argued the Tribunal should have applied a higher standard of proof and erred in its penalty.
The Divisional Court dismissed the appeal, confirming that the civil standard of proof applies regardless of the seriousness of the allegations, and found no palpable or overriding error in the Tribunal's decision to revoke the licence.
