Licence Appeal Tribunal
Safety, Licensing Appeals and Standards Tribunals Ontario
Tribunal d’appel en matière de permis Tribunaux de la sécurité, des appels en matière de permis et des normes Ontario
Date: 2020-08-13
Appeal from Proposal to Refuse to Grant a Limited Licence of the Registrar of the Condominium Management Regulatory Authority of Ontario under the Condominium Management Services Act, 2015
Between:
Shaharyar Sindhu Appellant
and
Registrar of the Condominium Management Regulatory Authority of Ontario Respondent
DECISION AND ORDER
Adjudicator: Theodore Crljenica, Member
Appearances: For the Appellant: Eduardo Lam, Counsel For the Respondent: Erica Richler, Counsel
Heard by Teleconference: August 5, 2020
DECISION AND ORDER
OVERVIEW
1A teleconference hearing was scheduled to be held on August 5, 2020 to consider an appeal filed by the appellant, Shaharyar Sindhu, under section 41 of the Condominium Management Services Act, 2015 (the “Act”) arising from the Proposal of the Registrar of the Condominium Management Regulatory Authority of Ontario (the “respondent”) to refuse to grant to the appellant a limited licence.
MINUTES OF SETTLEMENT
2The parties were able to reach a resolution of this matter and entered into Minutes of Settlement which were presented to the Tribunal.
3I am satisfied that the resolution reached by the parties is fair and appropriate and addresses the concerns raised by the respondent in his Proposal.
ORDER
4Pursuant to s. 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, Chapter.S.22 and s. 41(8) of the Act, and on the consent of the parties, this matter is disposed of without a hearing, on the terms set out in the Minutes of Settlement attached hereto as Schedule “A”.
LICENCE APPEAL TRIBUNAL
Theodore Crljenica, Vice-Chair
Released: August 13th, 2020
SCHEDULE “A”
LAT File No.: 12593/CMSA
LICENCE APPEAL TRIBUNAL
Appeal from Proposal to Refuse to Grant a Limited Licence of the Registrar of the Condominium Management Regulatory Authority of Ontario under the Condominium Management Services Act, 2015
B E T W E E N:
Shaharyar Sindhu Appellant
- and -
Registrar, Condominium Management Regulatory Authority of Ontario Respondent
MINUTES OF SETTLEMENT
Background
Shaharyar Sindhu applied to the Registrar, Condominium Management Regulatory Authority (CMRAO) for a limited licence on or about July 25, 2019.
In response to a complaint that Mr. Sindhu was acting as a condominium manager without a licence, CMRAO initiated an inspection.
On or about January 21, 2020, the Registrar issued a notice of proposal to refuse to issue a limited licence to Mr. Sindhu on the basis of the Registrar’s reasonable belief that Mr. Sindhu performed condominium management services without a licence and provided false information on his application form.
On or about January 31, 2020, Mr. Sindhu filed a Notice of Appeal with the Licence Appeal Tribunal to request a hearing in respect of the Registrar’s proposal.
The hearing before the Licence Appeal Tribunal is currently scheduled to proceed on August 5-7, 2020.
Mr. Sindhu and CMRAO agree to submit these Minutes of Settlement to the Licence Appeal Tribunal as a joint submission asking the Tribunal to issue a Consent Order as follows:
a. The hearing dates of August 5, 6 and 7 are vacated.
b. The appeal is withdrawn at the request of Mr. Sindhu on the terms set out in these Minutes of Settlement.
Settlement of Proposal and Appeal
The parties agree to resolve this matter without the need for a hearing on the following terms.
By executing these Minutes of Settlement, Mr. Sindhu withdraws his application for a limited licence submitted July 25, 2019.
Mr. Sindhu undertakes to not submit another application for a licence to the CMRAO before January 22, 2021.
Mr. Sindhu acknowledges that if he submits an application before January 22, 2021 the Registrar may rely upon these Minutes of Settlement and Mr. Sindhu’s past conduct as grounds to refuse the licence.
Mr. Sindhu acknowledges that he does not currently hold a licence with CMRAO and that unless and until he is granted a licence he is prohibited from doing the following under section 34 of the Condominium Management Services Act, 2015:
a. Mr. Sindhu shall not provide condominium management services;
b. Mr. Sindhu shall not directly or indirectly hold himself out as a condominium manager; and
c. Mr. Sindhu shall not perform any of the functions of a condominium manager.
Mr. Sindhu acknowledges that if he submits an application for a licence in the future, he will be subject to the licensing requirements in place at the time.
Mr. Sindhu acknowledges that he will be eligible to apply for a limited licence on or after January 22, 2021. Mr. Sindhu acknowledges that in order to apply for a general licence in the future he will be required to obtain two years’ experience as a limited licence holder, subject to any amendments to the requirements under the Condominium Management Services Act, 2015 and regulations in place at the time of his application.
Mr. Sindhu acknowledges that these Minutes of Settlement and any Consent Order issued by the Tribunal will be posted on CMRAO’s website in accordance with section 36(2) of Ontario Regulation 123/17 until January 22, 2021.
Mr. Sindhu acknowledges that he is entering into these Minutes of Settlement voluntarily and that he has had the benefit of legal advice.
The parties agree that these Minutes of Settlement may be signed in counterpart and may be signed electronically.
Shaharyar Sindhu Date: ____________________________________
Condominium Management Regulatory Authority of Ontario Per: ______________________________________ Print Name: _______________________________ Title: _____________________________________
Date: _____________________________________