An Appeal from a proposal by the Registrar, Real Estate and Business Brokers Act, 2002, to Refuse Registration
Between:
Nilesh (Neil) Modi
Appellant
-and-
Registrar, Real Estate and Business Brokers Act, 2002
Respondent
CONSENT ORDER
Order Made by: Joanne E. Foot, Member
Date of Order: August 8, 2018
BACKGROUND
The appellant appealed a Proposal issued by the Registrar, Real Estate and Business Brokers Act, 2002 (the “Registrar”) on April 11, 2018. The Registrar proposed to revoke the Appellant’s registration as a broker on the grounds that his past conduct provided reason to believe that he would not carry on business in accordance with the law, and with integrity and honesty.
The case conference in this matter was held on June 29, 2018. The parties were able to agree upon a settlement of all outstanding issues at the case conference. Counsel for the respondent indicated that minutes of settlement would be prepared and requested that the terms of settlement be incorporated into a consent order disposing of this proceeding.
Executed minutes of settlement were provided to the Tribunal on July 18, 2018.
ORDER AND DIRECTION
Accordingly, on the consent of the parties, and in accordance with the minutes of settlement, I:
I direct that, pursuant to subsection 14(5) of the Real Estate and Business Brokers Act, 2002, the Registrar not carry out the Notice of Proposal to revoke the Appellant’s registration but that it suspend the registration of the appellant for a term of twenty-eight (28) weeks from the date of the issuance of this Order.
I order that the following conditions attach to the registration of the appellant for a period of five years from the date of this Order:
a. the appellant will not be able or eligible to apply to be designated as a broker of record for a brokerage; and
b. in dealing with any customers or clients, the appellant will only provide referrals to and/or the contact information of mortgage brokerages, mortgage brokers or mortgage agents that are on a documented list provided and approved by the broker of record for the brokerage with which the appellant is then employed, with copies of such list(s) to be retained by the appellant.
I further order that the appellant successfully complete the Real Estate Institute of Canada’s Ethics in Business Practice course by December 31, 2018.
The proceedings in this matter are concluded and disposed of without a hearing on the basis of the terms set out above.
LICENCE APPEAL TRIBUNAL
Joanne E. Foot, Member
Released: August 8, 2018
Tribunal File No. 11315/REBBA
In a Matter Before the Licence Appeal Tribunal
BETWEEN
Nilesh (Neil) Modi
Appellant
- and -
Registrar, Real Estate and Business Brokers Act, 2002
Respondent
MI NUTES OF SETTLEMENT
WHEREAS the Respondent issued a Notice of Proposal dated April 11, 2018, to revoke the registration of the Appellant as a broker;
AND WHEREAS the Appellant filed a Notice of Appeal to request a hearing before the Licence Appeal Tribunal (“Tribunal”) to contest the Notice of Proposal;
AND WHEREAS the parties engaged in discussions, with the assistance of a Vice-Chair from the Tribunal, aimed at attempting to resolve the dispute without a hearing;
NOW THEREFORE the parties agree this matter be resolved by way of an Order issued by the Tribunal containing the following terms:
The Appellant’s registration with the Real Estate Council of Ontario will be suspended by Order of the Tribunal for a period of twenty-eight (28) weeks, with such suspension to begin on the date the Tribunal issues its Order.
The Appellant is required to successfully complete the Real Estate Institute of Canada’s Ethics in Business Practice course by December 31, 2018.
The Appellant’s registration under the Act will be subject to the following conditions:
a. The Appellant will not be able or eligible to apply to be designated as a broker of record for a brokerage for a period of five (5) years from the date the Tribunal issues its Order; and
b. In dealing with any customers or clients, the Appellant will only provide referrals to and/or the contact information of mortgage brokerages, mortgage brokers or mortgage agents that are on a documented list provided and approved by the broker of record for the brokerage with which the Appellant is then employed. Copies of such lists(s) must be retained by the Appellant. This condition will apply to the Appellant for a period of five (5) years from the date the Tribunal issues its Order.
Subject to the agreement of the Tribunal, the Order of the Tribunal will be in the form attached hereto as Appendix A.
These Minutes of Settlement may be executed in counterparts and a faxed or scanned copy shall be considered valid and binding.
EXECUTED BY:
Nilesh Modi Date
Reg. No. 4711779
Joseph Richer Date
Registrar
Real Estate and Business Brokers Act, 2002
Appendix A – Form of Order
Nilesh (Neil) Modi (the “Appellant”) appealed a Proposal issued by the Registrar, Real Estate and Business Brokers Act, 2002 (the “Registrar”) on April 11, 2018. The Registrar proposed to revoke the Appellant’s registration as a broker on the grounds that his past conduct provided reason to believe that he would not carry on business in accordance with the law, and with integrity and honesty.
The parties have advised the Tribunal that they have reached an agreement addressing the status of the Appellant’s registration going forward. The parties requested that the Tribunal approve the agreement and issue an Order incorporating the terms of the agreement in disposing of this proceeding.
Having reviewed the agreement signed by the Appellant and the Registrar, the Tribunal, pursuant to subsection 14(5) of the Real Estate and Business Brokers Act, 2002, directs that the Registrar not carry out the Notice of Proposal to revoke the Appellant’s registration but that it suspend the registration of the Appellant for a term of twenty-eight (28) weeks from the date of the issuance of this Order.
The Tribunal further orders the following conditions attach to the registration of the Appellant:
The Appellant will not be able or eligible to apply to be designated as a broker of record for a brokerage; and
In dealing with any customers or clients, the Appellant will only provide referrals to and/or the contact information of mortgage brokerages, mortgage brokers or mortgage agents that are on a documented list provided and approved by the broker of record for the brokerage with which the Appellant is then employed, with copies of such list(s) to be retained by the Appellant.
Both conditions will attach to the registration of the Appellant for a period of five (5) years from the date of this Order.
The Tribunal further orders that the Appellant successfully complete the Real Estate Institute of Canada’s Ethics in Business Practice course by December 31, 2018.
Therefore, based on the foregoing, the Tribunal orders that the proceedings in this matter are concluded and disposed of without a hearing.