Licence Appeal Tribunal
Tribunal File Number: 13143/REBBA
Appeal from a Notice of Proposal by the Registrar, Real Estate and Business Brokers Act, 2002 to Refuse to Grant Registration
Between:
Hesam Bayrami Asl
Appellant
and
Registrar, Real Estate and Business Brokers Act, 2002
Respondent
CONSENT ORDER
Order Made by: Samia Makhamra, Member
Date of Order: June 17, 2021
BACKGROUND
1This is an appeal from a Notice of Proposal issued by the Registrar under the Real Estate and Business Brokers Act, 2002 (“Act”), to refuse to grant registration to Hesam Bayrami Asl (“the Appellant”).
2The issue in the appeal is whether the appellant’s past conduct affords the respondent reasonable grounds for the belief that the appellant will not carry on business in accordance with law and with integrity and honesty, thereby disentitling him to registration as a salesperson under section 10(1)(a)(ii) of the Real Estate and Business Brokers Act, 2002.
3The parties have advised the Tribunal that they were able to agree upon a settlement of all outstanding issues in this matter and have requested that the terms of settlement be incorporated into a Consent Order disposing of this proceeding.
ORDER AND DIRECTION
4Accordingly, on the consent of the parties, and upon having reviewed the agreement signed by the Appellant and the Registrar, the Tribunal, pursuant to Real Estate and Business Brokers Act, 2002, directs and orders that the Appellant shall be bound by the terms of the consent agreement signed and executed by all of the parties.
5The signed agreement is appended as Schedule “A” to this Order.
6The hearing scheduled for June 22 and 23, 2021 is vacated.
7This Tribunal file is now closed.
LICENCE APPEAL TRIBUNAL
Samia Makhamra, Member
Released: June 17, 2021
Schedule A
Tribunal File No. 13143/REBBA
In a Matter Before the Licence Appeal Tribunal
BETWEEN
Hesam Bayrami Asl
Appellant
- and -
Registrar, Real Estate and Business Brokers Act, 2002
Respondent
MINUTES OF SETTLEMENT
WHEREAS the Respondent issued a Notice of Proposal, dated January 27, 2021, to refuse the registration of the Appellant as a salesperson under the Real Estate and Business Brokers Act , 2002 ("Act");
AND WHEREAS the Appellant filed a Notice of Appeal , dated February 2, 2021, to request a hearing before the Licence Appeal Tribunal ("Tribunal");
AND WHEREAS the parties have engaged in discussions aimed at attempting to resolve the matter without a hearing;
NOW THEREFORE the parties have agreed that this matter be resolved as set out below:
The Respondent shall withdraw the Notice of Proposal.
The Appellant shall withdraw his application for registration that was submitted to the Real Estate Council of Ontario ("RECO") in March 2020 that resulted in the Respondent issuing the Notice of Proposal, and RECO shall refund the Appellant the fees associated with the application.
The Appellant may again apply for registration after April 2, 2022 and after he has completed the following ethics courses:
i. REIC2600 - Ethics in Business Practice offered by the Real Estate Institute of Canada ;
ii. RECO MCE: Compliance and Ethics in Real Estate, Part I; and
iii. RECO MCE: Compliance and Ethics in Real Estate, Part 2.
- In the event the Appellant applies for registration within six (6) months of the April 2, 2022, he shall not be required to repeat and again successfully complete any of the educational courses that he had already successfully completed from 2018 to 2020.
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It is understood by the Appellant that non-compliance with any of the terms of these Minutes of Settlement may result in a proposal to refuse future registration under the Act or successor legislation and that this settlement does not preclude the Registrar from evaluating the Appellant's application for registration on its merits under sections 10 and 13 of the Act or a similar provisions under a successor legislation.
Nothing in this agreement or the Order of the Tribunal arising out of this agreement restricts in any manner the ability of the Registrar to commence or take any further action pursuant to the Act or any successor legislation based on any information that may come to the Registrar's attention for the first time after execution of these Minutes of Settlement.
The Appellant acknowledges that he has read and understood the terms of these Minutes of Settlement and confirms that he has obtained independent legal advice with respect to the content of these Minutes of Settlement.
These Minutes of Settlement may be executed in counterparts and a faxed or scanned copy shall be considered valid and binding.
EXECUTED BY:
June 16, 2021
Joseph
Richer Date
Registrar
Real Estate and Business Brokers Act , 2002
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Appendix A - Form of Order
BACKGROUND
Hesam Bayrami Asl (the "Appellant") appealed a Notice of Proposal issued by the Registrar, Real Estate and Business Brokers Act, 2002 (the "Registrar") on February 12, 2021. The Registrar proposed to refuse the Appellant's registration as a salesperson 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 were able to agree upon a settlement of all outstanding issues in this matter and prepared minutes of settlement and have 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.
ORDER AND DIRECTION
- Accordingly , on the consent of the parties and upon having reviewed the minutes of settlement signed by the Appellant and the Registrar, the Tribunal, pursuant to subsection 14(5) of the Real Estate and Business Brokers Act, 2002 directs and orders that the proceedings in this matter are concluded and disposed of without a hearing based on the following:
a. the Registrar withdraws his Notice of Proposal and the Appellant withdraws his application for registration that resulted in the Notice of Proposal;
b. the Appellant may apply for registration after April 2, 2022 and after completing the following ethics courses:
i. REIC2600 - Ethics in Business Practice offered by the Real Estate Institute of Canada ;
ii. RECO MCE: Compliance and Ethics in Real Estate, Part I; and
iii. RECO MCE: Compliance and Ethics in Real Estate, Part 2; and
c. Non-compliance with any of the conditions above may result in action by the Registrar, including a proposal to refuse registration under the Act, and this settlement does not preclude the Registrar from evaluating the Appellant's application for reinstatement of registration on its merits under sections 10 and 13 of the Real Estate and Business Brokers Act, 2002 or its successor legislation.
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