Mostafa Hosseini

The appellant requested a reconsideration of a Tribunal decision that directed the Registrar to carry out a Notice of Proposal to Revoke Registration as a broker under the Trust in Real Estate Services Act, 2002.

The appellant argued that the Tribunal committed a material breach of procedural fairness and made errors of fact and law, specifically regarding the weighing of evidence and witness testimony.

The Tribunal dismissed the request, finding that the appellant failed to establish any breach of procedural fairness or significant error of law or fact.

The Tribunal noted that dissatisfaction with a decision and attempting to re-argue the case are not valid grounds for reconsideration.

The appellant real estate brokerage brought a motion to stay the Tribunal's prior decision revoking its registration, pending a request for reconsideration and potential appeal.

The Tribunal denied the motion, finding that the appellant failed to address or satisfy the three-part test for a stay set out in RJR-MacDonald.

Specifically, the appellant provided no evidence of irreparable harm and failed to demonstrate that the balance of convenience favoured a stay, instead relying on unsupported allegations of procedural fairness breaches.

The appellant, a real estate broker, appealed a Notice of Proposal to Revoke Registration issued by the Registrar under the Trust in Real Estate Services Act, 2002.

The Registrar alleged that the appellant participated in creating a fraudulent Agreement of Purchase and Sale to assist clients in obtaining bridge financing for another property purchase.

The Tribunal found that the appellant's 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 revoke the appellant's registration.