Licence Appeal Tribunal
Appeal d'appel en Tribunal matière de permis
FILE: 8039/REBBA
CASE NAME: 8039 v. Registrar, Real Estate and Business Brokers Act 2002
Appeal from a Proposal of the Registrar under the Real Estate and Business Brokers Act, 2002, S.O. 2002, c. 30, Sch. C - to Refuse Registration
Maryam Asadi Applicant
-and-
Registrar, Real Estate and Business Brokers Act 2002 Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR: Terrance Sweeney, Vice-Chair
APPEARANCES:
For the Applicant: Yigal Rifkind, Counsel
For the Respondent: Maya Sabharwal, Counsel
Heard in Toronto: September 19, 2013
REASONS FOR DECISION AND ORDER
BACKGROUND
This is a hearing before the Licence Appeal Tribunal (the “Tribunal”) arising out of a Notice of Proposal, dated February 26, 2013, issued by the Registrar, Real Estate and Business Brokers Act 2002 (the “Registrar” and the “Act”, respectively) to refuse the registration of Maryam Asadi (the “Applicant”) as a salesperson under the Act.
DECISION
The Tribunal has considered all of the evidence and rules that the Registrar has failed to prove its case, on a balance of probabilities. Consequently, the Registrar shall license Ms. Asadi as a salesperson under the Act for the reasons which follow.
FACTS PROVEN
Many of the material facts in the case are not in issue and the Tribunal finds the following to have been proven.
The Applicant declared personal bankruptcy on January 9, 1998 and was discharged on October 27, 1998.
She had been registered as a salesperson in British Columbia since April 2004.
On August 10, 2008, the Applicant agreed to a lifetime suspension of her registration as a mortgage sub-broker in British Columbia.
On January 9, 2009, the Qualification Hearing Committee of the Real Estate Council of British Columbia (“RECBC”) suspended her registration as a salesperson for three years.
On August 29, 2012, the Applicant applied for registration as a salesperson under the Act.
In her application, the Applicant truthfully answered the questions relating to her bankruptcy and suspensions.
THE EVIDENCE FOR THE REGISTRAR
Angela Volpe
She is the manager of registrations for the Real Estate Council of Ontario (“RECO”) which administers the Act. When she received the Applicant’s application, she was concerned for the consumers of Ontario. She only had the previous record of the Applicant in British Columbia and felt that her past conduct afforded reasonable grounds for believing that the Applicant is not financially responsible and would not carry on business in Ontario with honesty, integrity and in accordance with law.
On cross-examination, she said the Applicant had attended a meeting at her office. She also conceded that RECO might not have known about her problems with the RECBC had she not told the truth on her application and at the meeting.
THE EVIDENCE FOR THE APPLICANT
Maryam Asadi (the Applicant)
She testified that she came to Canada with her family when she was 19 years old. They settled in Vancouver where they became part of the Persian community there.
She studied at Capilano College and volunteered for a number of years on an ethnic television station, where she advised new immigrants from Iran on the changes they could expect coming to a new country like Canada. She explained that she and her parents got into trouble financially which led to the bankruptcy in 1998. She was a student then and did not appreciate the significance of a bankruptcy.
She obtained her real estate licence in British Columbia in 2004 and was quite successful drawing on her contacts made in the Persian community through the television program in which she appeared.
At that time in British Columbia, there was no requirement for training as a mortgage broker. All one had to do was apply. Accordingly, she obtained her sub-mortgage broker’s licence in 2006.
She knew nothing about the mortgage business so she hired an assistant to run that side of her business. The man, who is ten years older than she, had come highly recommended as being experienced in the mortgage business. She grew fond of him, fell in love and they married in September 2007.
He ran the mortgage business. When she tried to help or intervene, he told her to stick to real estate sales and he would handle the mortgage side of the business. She explained that, in her community, “the man is everything” and she could not risk her marriage by questioning him.
She was shocked when she heard about the complaint made to the BCREC. Her lawyer recommended that she accept the suspension of her mortgage licence. She understood that her real estate licence would be suspended because of the problems with the mortgage business. She accepted the suspension for life from the mortgage business and the three-year suspension of her real estate licence.
Her life then spiralled downward. Her friends and family deserted her. Her husband left her and she filed for divorce. She was depressed and under a doctor’s care. The mortgagee foreclosed on her house and she lost her car.
She had to leave Vancouver and came to Toronto in 2009 and lived in an apartment by herself. She has now reconciled with her husband.
She frankly conceded that she had made mistakes and she has paid for them mentally and physically. She begged for a second chance as a real estate salesperson in Ontario.
Shawn Reyhani
He is a senior officer in charge of operations at Goldline, a prepaid long distance operator.
His wife grew to know the Applicant in Vancouver. They became friends and when the Applicant moved to Toronto, they included her in their social circle.
He said the Applicant was honest about her problems and expressed remorse. She was deeply affected emotionally and he believes that she has learned from her mistakes. He would trust her.
Houshang Farahmand
He is a dental technician. He met the Applicant professionally in the summer of 2009. The Applicant told him why she came to Toronto and was very sorry for her actions. She accepts responsibility for what happened.
He and his wife see her every two weeks. He trusts her and has no misgivings about recommending that she be licensed. He believes that she has paid the price for her mistakes.
Paul Zammit
He is the owner of his own real estate brokerage. He employs fifteen agents and seven assistants.
The Applicant was introduced to him by a client. He knows all about her problems in Vancouver. He will hire her if she is licensed. He promised to be accountable for her while she is with him. He is confident that he can oversee the Applicant so that she does not get into trouble again.
ANALYSIS
The Applicant was a credible witness. She did not try to evade responsibility for her actions in British Columbia. She was truthful on her application for a licence unlike many who come before this Tribunal.
She enjoys the support of her community as evidenced by the testimony of Messrs. Reyhani and Farahmand.
Mr. Zammit has agreed to hire her and supervise her.
The Registrar was right to be concerned about the Applicant. But, based on all of the evidence, she deserves a second chance to become a real estate salesperson.
The Tribunal finds that the Applicant will carry out her duties as a salesperson with honesty, integrity and in accordance with law.
ORDER
The Registrar shall license the Applicant as a salesperson under the Act.
LICENCE APPEAL TRIBUNAL
_________________________
Terrance Sweeney, Vice-Chair
Released: October 16, 2013