Licence Appeal Tribunal
Appeal from the Notice of Proposal by the Registrar, Real Estate and Business Brokers Act, 2002 to Revoke Registration
Between:
Lili Bai
Appellant
-and-
Registrar, Real Estate and Business Brokers Act, 2002
Respondent
CONSENT ORDER
ADJUDICATOR: Lori Marzinotto, Vice Chair
APPEARANCES:
For the Appellant: Gary Caplan, Counsel Harry Perlis, Counsel
For the Respondent: Shane Smith, Counsel Michael Collis, Counsel
BACKGROUND
1The appellant appealed the respondent’s Notice of Proposal to Revoke Registration (“NOP”), dated March 4, 2021.
2A case conference was held on April 22, 2021 and a six-day hearing was scheduled to commence in October 2021.
3Prior to the commencement of the hearing of the appeal, the parties advised the Tribunal that they settled all of the outstanding issues in this matter, have prepared minutes of settlement and have requested that the terms of settlement be incorporated into a consent order disposing of this proceeding.
4Executed minutes of settlement (attached as Schedule “A” to this Order) were provided to the Tribunal.
ORDER AND DIRECTION
Accordingly, on the consent of the parties, and in accordance with terms and provisions of the minutes of settlement:
5I 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.
6I 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. the Appellant will not:
i. accept any gifts with a value of over $200 from; or
ii. enter into any money lending/borrowing relationship or arrangement with any customer or client (current or former) or in relation to a real estate transaction without first advising and receiving approval from her Broker of Record to do so.
7I order the Appellant to provide the Registrar with written confirmation from her Broker of Record acknowledging the above conditions, and that the Appellant provide the Registrar with further written confirmations as needed in the event the identity of the Appellant’s Broker of Record changes during the period when the conditions are in place.
8I order that the Appellant pay, as restitution, the sum of $17,000 to the Client, with such payment to be made via bank transfer into the Client’s account. This payment is to be made within ten (10) days of the issuance of this Order.
9I further order that the Appellant successfully complete the Real Estate Council of Ontario’s Compliance and Ethics in Real Estate (Parts 1 and 2) prior to the end of the suspension period, failing which the suspension will be extended until this requirement is met.
10The proceedings in this matter are concluded and disposed of without a hearing on the basis of the terms set out above.
LICENCE APPEAL TRIBUNAL
Lori Marzinotto, Vice Chair
Released: October 21, 2021
Schedule “A”
Appendix A – Form of Order
Lili Bai (the “Appellant”) appealed a Proposal issued by the Registrar, Real Estate and Business Brokers Act, 2002 (the “Registrar”) on March 4, 2021. The Registrar proposed to revoke the Appellant’s registration as a broker on the grounds that her past conduct provided reason to believe that she 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 allegations set out in the Proposal. In particular, the parties agreed that the Appellant engaged in professional misconduct by:
a. Arranging for a Client to provide her with gifts of cash;
b. Arranging for the Client to purchase mobile phones for her own use; and
c. Making misrepresentations about what occurred in her dealings with the Client in response to inquiries from the Real Estate Council of Ontario.
The parties have further advised the Tribunal that they have reached an agreement regarding the status of the Appellant’s registration going forward.
The parties have requested that the Tribunal issue an Order incorporating the terms of the agreement in disposing of this proceeding.
Executed minutes of settlement were provided to the Tribunal on [DATE].
ORDER AND DIRECTION
Accordingly, on the consent of the parties, and in accordance with terms and provisions of the minutes of settlement:
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. the Appellant will not:
i. accept any gifts with a value of over $200 from; or
ii. enter into any money lending/borrowing relationship or arrangement with
any customer or client (current or former) or in relation to a real estate transaction without first advising and receiving approval from her Broker of Record to do so.
I order the Appellant to provide the Registrar with written confirmation from her Broker of Record acknowledging the above conditions, and that the Appellant provide the Registrar with further written confirmations as needed in the event the identity of the Appellant’s Broker of Record changes during the period when the conditions are in place.
I order that the Appellant pay, as restitution, the sum of $17,000 to the Client, with such payment to be made via bank transfer into the Client’s account. This payment is to be made within ten (10) days of the issuance of this Order.
I further order that the Appellant successfully complete the Real Estate Council of Ontario’s Compliance and Ethics in Real Estate (Parts 1 and 2) prior to the end of the suspension period, failing which the suspension will be extended until this requirement is met.
The proceedings in this matter are concluded and disposed of without a hearing on the basis of the terms set out above.