Maya Sabharwal

The self-represented appellant requested a reconsideration of a Licence Appeal Tribunal decision that ordered the revocation of his real estate salesperson registration.

The appellant argued that the adjudicator who heard the merits of the appeal breached procedural fairness by failing to consider medical and personal evidence he had presented at an earlier adjourned hearing before a different adjudicator.

The Tribunal granted the reconsideration, finding that it had a heightened obligation to ensure the self-represented appellant understood that evidence from the adjourned hearing would only be considered if explicitly raised again.

The original decision was cancelled and a rehearing was ordered.

The appellants appealed a Notice of Proposal by the Registrar to suspend their registrations as a broker and brokerage under the Trust in Real Estate Services Act, 2002.

The appellants failed to attend the hearing.

The Tribunal found that the appellants repeatedly failed to produce required trust account reconciliation statements and bank records despite multiple requests from the regulator.

The Tribunal concluded that the appellants' past conduct afforded reasonable grounds for belief that they would not carry on business in accordance with the law and with integrity and honesty.

The appeal was dismissed and the Registrar was directed to carry out the proposal to suspend the registrations.

The appellant appealed a Notice of Proposal by the Registrar to refuse his registration as a real estate salesperson under the Trust in Real Estate Services Act, 2002.

The Registrar's refusal was based on the appellant's 15-year history of serious criminal convictions and a prior breach of registration conditions.

The Tribunal found that despite the appellant's recent positive changes and support network, his extensive criminal history, failure to abide by previous conditions, and lack of recent employment history afforded reasonable grounds for belief that he would not carry on business in accordance with the law and with honesty and integrity.

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

The appellant requested a hearing before the Licence Appeal Tribunal to consider a Notice of Proposal issued by the Registrar under the Real Estate and Business Brokers Act, 2002 to refuse his application for registration as a real estate salesperson.

Prior to the hearing, the parties resolved the issues and requested an order on consent.

The Tribunal ordered the Registrar to register the appellant subject to conditions for a period of five years, including prohibitions on acting as a broker of record or having signing authority on statutory trust accounts.

The appellant appealed a Notice of Proposal to Refuse to Grant Registration issued by the Registrar under the Real Estate and Business Brokers Act, 2002.

The parties resolved the issues in dispute and submitted signed Minutes of Settlement.

The Tribunal issued a consent order under s. 4.1 of the Statutory Powers Procedure Act and s. 14(5) of the Real Estate and Business Brokers Act, 2002, disposing of the proceeding without a hearing on the terms set out in the Minutes of Settlement.

The terms included the withdrawal of the Notice of Proposal and the appellant's application for registration, with the ability to reapply after February 3, 2023.

The appellant appealed the Registrar's proposal to refuse his registration as a real estate salesperson.

The Registrar based its refusal on the appellant's prior criminal convictions for assault and his failure to pay a $10,000 fine imposed by a discipline panel.

The Tribunal found that the Registrar did not prove the appellant would fail to conduct business with honesty and integrity, noting he had served his sentence and maintained employment.

However, the Tribunal concluded the appellant could not reasonably be expected to be financially responsible, as he failed to pay the fine despite earning over $225,000 annually.

The appeal was dismissed and the Registrar was directed to carry out the proposal to refuse registration.

The appellant appealed a proposal by the Registrar to refuse his registration as a real estate salesperson.

The Registrar's proposal was based on the appellant's past criminal convictions for tax evasion, unregistered trading in motor vehicles, bankruptcy, and a previous revocation of his motor vehicle salesperson registration.

The Licence Appeal Tribunal found that the appellant's financial position and past conduct afforded reasonable grounds for belief that he would not carry on business in accordance with the law and with integrity and honesty.

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

The Registrar proposed to revoke the real estate registrations of a broker and her brokerage based on past conduct involving a complex business relationship with a foreign investor.

An arbitrator had previously found the broker breached her fiduciary duties in two real estate transactions and acted without authorization in others.

The Licence Appeal Tribunal found that while the broker's conduct in those specific transactions breached the Code of Ethics and her fiduciary duties, her otherwise unblemished 33-year career and strong client references indicated revocation was not warranted.

The Tribunal directed the Registrar not to revoke the registrations, but imposed strict conditions for ten years to prevent similar conflicts of interest.

The appellant appealed the Registrar's proposal to revoke his real estate broker registration based on a past criminal conviction for conspiracy to traffic in cocaine and an alleged failure to disclose a conviction for refusing to provide a breath sample.

The Tribunal found that the non-disclosure was not deliberate, as the breath sample conviction had been overturned on appeal.

Regarding the drug conviction, the Tribunal considered the appellant's significant rehabilitation, his compliance with registration conditions over nine years, and strong character evidence.

The Tribunal concluded that the appellant's past conduct did not afford reasonable grounds to believe he would not carry on business with honesty and integrity, and directed the Registrar not to carry out the proposal.

The appellant appealed the Registrar's proposal to refuse her registration as a real estate salesperson under the Real Estate and Business Brokers Act, 2002.

The refusal was based on her past conduct in British Columbia, where her mortgage broker registration was suspended for life and her real estate registration was suspended for three years due to her failure to supervise her assistant.

The Tribunal found that the appellant had demonstrated rehabilitation, taken responsibility for her past actions, and practiced without issue in Ontario for 18 months.

The Tribunal also found that a 17-year-old bankruptcy was insufficient to prove financial irresponsibility.

The Tribunal ordered the Registrar to register the appellant.

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.

The applicant appealed a Notice of Proposal by the Registrar to refuse his registration as a real estate salesperson.

The Registrar's refusal was based on the applicant's undischarged bankruptcy, outstanding judgment debts, past criminal convictions, and lack of full disclosure on previous applications.

The Tribunal found that while there were legitimate concerns, the applicant had made serious efforts to rehabilitate himself.

The Tribunal concluded that registration could be granted with appropriate conditions to protect the public and directed the parties to make submissions on those conditions.

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

The Registrar's proposal was based on the applicant's prior bankruptcy and previous suspensions of her real estate and mortgage sub-broker registrations in British Columbia.

The Tribunal found the applicant to be credible, noting she was truthful on her application and took responsibility for her past mistakes.

Supported by character witnesses and a prospective employer who agreed to supervise her, the Tribunal concluded she would carry out her duties with honesty and integrity.

The Tribunal ordered the Registrar to license the applicant.

The Applicant appealed a Notice of Proposal by the Registrar to refuse his registration as a real estate salesperson.

The Applicant had previously been registered with conditions requiring him to report the outcome of pending criminal charges.

He was convicted but failed to disclose this to the Registrar, instead providing misleading information during his reinstatement application.

The Tribunal found that the Applicant breached his licence conditions and demonstrated a lack of honesty and integrity.

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

The Registrar proposed to revoke the registrations of a real estate broker and his brokerage, alleging he knowingly assisted a client in purchasing properties and relisting them at greatly inflated prices, facilitating potential mortgage fraud.

The Licence Appeal Tribunal found the broker's conduct demonstrated a serious lack of understanding of a registrant's duties and wilful blindness to the questionable nature of the transactions.

The Tribunal ordered the revocation of the brokerage's registration but allowed the individual broker to retain his registration subject to strict conditions, including supervision and further education.