Maya Sabharwal

The Registrar appealed a decision of the Licence Appeals Tribunal that ordered the re-registration of the respondent as a real estate salesperson with conditions.

The Registrar had initially refused the application based on the respondent's history of financial and legal problems.

The Divisional Court dismissed the appeal, finding that the Tribunal reasonably considered the whole of the respondent's conduct, including recent evidence that he was turning his life around, and appropriately imposed conditions to protect the public.

The Registrar appealed a decision of the Licence Appeal Tribunal ordering it to grant the respondent's application for registration as a real estate salesperson.

The Registrar had proposed to refuse registration based on the respondent's past conduct in British Columbia, which included a lifetime suspension as a mortgage sub-broker.

The Divisional Court allowed the appeal, finding that the Tribunal erred in law by applying the 'balance of probabilities' standard of proof instead of the statutory 'reasonable grounds for belief' standard under s. 10(1)(a)(ii) of the Real Estate and Business Brokers Act, 2002.

The matter was remitted to the Tribunal for a new hearing.