File: 11110 REBBA
An Appeal from a Notice of Proposal by the Registrar, Real Estate and Business Brokers Act, 2002, S.O. 2002 c.30. Sch.C to Revoke Registration
Between:
Yuan Liu also known as June Liu
Appellant
-and-
Registrar, Real Estate and Business Brokers Act, 2002
Respondent
CONSENT ORDER
Adjudicator: Patricia McQuaid, Vice-Chair
Appearances:
For the Appellant: Harry Perlis, Counsel
For the Respondent: George Drametu, Counsel
Dipak Parmar, Paralegal
Heard in Toronto: September 20, 2018
CONSENT ORDER
1Yuan Liu also known as June Liu appealed the Notice of Proposal to revoke her registration as a broker under the Real Estate and Business Brokers Act, 2002, (the “Act”) issued by the Registrar under that Act on November 21, 2017. The hearing was scheduled to take place on September 20, 2018.
2At the outset of the hearing on September 20th, the parties advised that they had reached an agreement on the issues between them. The parties requested that the Tribunal approve the agreement and issue a Consent Order incorporating its terms pursuant to section 4.1 of the Statutory Powers Procedure Act.
3After hearing from counsel and reviewing the written agreement signed by the parties, and upon the consent of the parties, this Tribunal orders that the proceedings in this matter are concluded and disposed of without a hearing on the basis of the terms set out in the said Schedule “A”, which are incorporated into and made part of this Order.
4Therefore, on the basis of the foregoing, this Tribunal orders that the proceedings in this matter are concluded and disposed of without a hearing.
LICENCE APPEAL TRIBUNAL
Patricia McQuaid, Vice-Chair
Released: September 21, 2018
Schedule A
TO: The Registrar
Real Estate and Business Brokers Act, 2002
Real Estate Council of Ontario
3300 Bloor St. West, West Tower Suite 1200
Toronto, ON M8X 2X2
WHEREAS there is currently an outstanding Notice of Proposal to Revoke the registration of Yuan Liu, also known as June Liu, dated November 21, 2017, being Licence Appeal Tribunal file 11110/REBBA (“Notice of Proposal”);
AND WHEREAS nothing in these conditions binds or prejudices the Registrar from taking any further regulatory action under the Act or its associated regulations against Yuan Liu should any information not included in the Notice of Proposal come to the Registrar’s attention at any point in the future, and in such circumstances, the Registrar reserves the right to rely upon any and all past conduct of Yuan Liu, including but not limited to the allegations contained in the Notice of Proposal.
I hereby consent to the suspension of my registration as a broker under the Real Estate and Business Brokers Act, 2002 (the “Act”) for a period of eight (8) months commencing on November 1, 2018 (“the Suspension Period”).
During the Suspension Period, I shall not trade (including a disposition or acquisition of or transaction in real estate by sale, purchase, agreement for purchase and sale, exchange, option, lease, rental or otherwise and any offer or attempt to list real estate for the purpose of such a disposition, acquisition or transaction, and any act, advertisement, conduct or negotiation, directly or indirectly, in furtherance of any disposition, acquisition, transaction, offer or attempt, and the verb “trade” has a corresponding meaning) in real estate contrary to the Act. Despite the suspension, the registrant is not prohibited from buying or selling a property as described in clause s. 5(1)(h) of the Act.
I shall not accept any compensation or other remuneration for any trade in real estate, except that it shall not be deemed a breach of these conditions if I accept compensation or remuneration for a trade in real estate in relation to an agreement of purchase and sale that has been accepted by the vendor and purchaser prior to the commencement of the Suspension Period (regardless of whether such agreement of purchase and sale is firm or conditional) even if the closing date of such trade occurs during the Suspension Period.
Pursuant to subsection 19(4) of the Act, I hereby agree to enroll in the Ethics in Business Practice Course (REIC 2600) offered by the Real Estate Institute of Canada and provide proof of successful completion of the course on or before July 1, 2019.
Pursuant to subsection 10 (2) of the Act, I hereby consent and undertake to abide by the following Conditions to my registration as a real estate broker:
a) I agree not to apply to be an officer, director, partner, legal or equitable shareholder of 5% or more shareholdings, associated person, broker of record, or sole proprietor of a real estate brokerage for a period of 4 years from the date of signing these Conditions.
b) I agree to notify the Registrar’s office immediately in writing, of any change to information that was included in my application and shall set out the nature of the change.
Pursuant to Section 34 (1) of the Ontario Regulations, 567/05,
“If there is a change to any of the information that was included in the registrant’s application under Section 3, the registrant shall notify the registrar, in writing, within five days after the change takes place and shall set out the nature of the change”.
c) For a period of four (4) years from the date of signing these Conditions, I shall immediately notify the Registrar in writing if any complaints (including, without limitation, any ethics complaints) are made against me by members of the public or other registrants under the Act, and I and my broker shall provide details of such complaints and any documentation that the Registrar may require, and hereby consent to the releasing of any information or documentation by any third party (including without limitation, any local real estate board or the Ontario Real Estate Association) to the Registrar.
d) For a period of four (4) years from the date of signing these Conditions, I will provide a Canadian Police Information Centre Search and immediately advise the Registrar in writing of any charges laid against me under any statutes (except municipal parking violations and minor Highway Traffic Act offences unless my driver’s license is suspended) and any convictions or findings of guilt by any Court.
e) For a period of four (4) years from the date of signing these Conditions, my registration cannot be transferred to another broker without prior written authorization of the Registrar, which authorization shall not be unreasonably withheld. Should the Registrar authorize the transfer of my registration, any new broker must acknowledge and agree in writing to these Conditions.
f) For a period of four (4) years from the date the Licence Appeal Tribunal orders these conditions and after the Suspension Period has concluded, I shall work closely with my broker of record and he/she shall monitor my activities in trading in real estate and I will provide a copy of these conditions to my broker of record and obtain his/her signed acknowledgement of their receipt.
g) I understand that if these Conditions are still in effect at the time of transferring my registration, I agree that a copy of the Conditions must be duly signed by my new broker of record.
- I hereby acknowledge that I have obtained or have had the opportunity to obtain independent legal advice with respect to my consent to the Conditions set out herein.
Signed in the City of __________________, this _____day of _______________ 2018.
ACKNOWLEDGED AND AGREED TO BY:
Printed Name of Witness Yuan Liu Registration #4763535
Witness Signature