COURT FILE NO.: 443/08

DATE: 20090504

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

PARDU, LEDERMAN AND SWINTON JJ.

B E T W E E N:

ERSIO AMENDOLA

Applicant

• and -

MANAGER OF COMPLAINTS, COMPLIANCE AND DISCIPLINE for the REAL ESTATE COUNCIL OF ONTARIO under the REAL ESTATE AND BUSINESS BROKERS ACT, 2002

Respondents

In Person

George P. Drametu, for the Respondents

HEARD at Toronto: May 4, 2009

PARDU J.: (Orally)

1The applicant alleges that he was pressured into signing an Agreed Statement of Facts and Penalty. He submits that the Appeals Committee ought to have granted him a full hearing on the substance of the allegations.

2The Appeals Committee heard evidence, including testimony from the applicant, and concluded that there had been no misrepresentation or duress when the applicant signed the Agreed Statement of Facts and Penalty. Their findings of credibility are entitled to deference. There was no evidence that anyone exerted pressure on the applicant apart from his bald assertion that he felt pressured.

3Given these findings, there is no basis to conclude that the applicant was denied natural justice.

4With respect to determination of a breach of the Code of Ethics and Penalty, the standard of review is reasonableness (see Vanderburg v. Real Estate Council of Ontario (2007) O.J. No. 2867). It was reasonable for the Appeal Committee and the Discipline Committee to conclude that the applicant had violated the Code of Ethics, given, among other things, that the applicant asked another agent to witness a document she had not seen signed, thereby creating a false document, and misrepresented that there was a competing offer from another agent.

5Section 11 of the Charter of Rights and Freedoms has no application, applying only to persons charged with offences. The assessment of penalty in these circumstances is well within the core expertise of the Tribunal and we see no reason to interfere.

6For these reasons, the application is dismissed.

COSTS

7Costs to the respondent fixed at $1,500.00.

PARDU J.

LEDERMAN J.

SWINTON J.

Date of Reasons for Judgment: May 4, 2009

Date of Release: May 12, 2009

COURT FILE NO.: 443/08

DATE: 20090504

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT