Licence Appeal Tribunal
Appeal from a Notice of Proposal by the Registrar, Real Estate and Business Brokers Act, 2002, S.O. 2002, c. 30, Sch. B - to Revoke Registration
Between:
Kamaljeet Ghotra Appellant
and
Registrar, Real Estate and Business Brokers Act, 2002 Respondent
CONSENT ORDER
Order Made by: Craig Mazerolle, Member Date of Order: September 7, 2021
BACKGROUND
1The Registrar, Real Estate and Business Brokers Act, 2002 (“Registrar”) proposed to revoke the registration of Kamaljeet Ghotra (the “Appellant”) as a salesperson on the grounds that her past conduct afforded reasonable grounds for belief that she would not carry on business in accordance with the law, and with integrity and honesty. The Appellant appealed the Notice of Proposal issued by the Registrar on March 30, 2021.
2A hearing was scheduled to take place before the Tribunal from September 13 – 16, 2021.
3The parties have advised the Tribunal that they were able to agree upon a settlement of all outstanding issues in this matter and prepared minutes of settlement. The parties have requested that the terms of settlement be incorporated into a consent order disposing of this proceeding.
4Executed minutes of settlement have been provided to the Tribunal.
ORDER AND DIRECTION
5Accordingly, on the consent of the parties and upon 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 and orders:
a. The Registrar shall suspend the Appellant’s registration under the Real Estate and Business Brokers Act, 2002 (REBBA) for three (3) months from the date of this Order.
b. The Appellant shall successfully complete the RECO Mandatory Continuing Education courses “Compliance and Ethics in Real Estate, Parts 1 and 2”, “Mortgage Financing: Guiding Client Conversations”; “The Compliant Trade”; and “FINTRAC Compliance” within three (3) months of the date of this Order.
c. For a period twelve (12) months following the completed period of suspension, the Appellant agrees not to be involved in any capacity with arranging mortgage financing for clients and customers (as those terms are now construed under the Real Estate and Business Brokers Act, 2002 and under any successor legislation) of the brokerage that employs her.
d. For a period twelve (12) months following reinstatement, the Appellant shall trade under the direct supervision of her brokerage Branch Manager or brokerage Broker of Record. Every trade in real estate that the Appellant conducts must be reviewed by her brokerage Branch Manager or the brokerage Broker of Record, who will personally review the trade documents and sign off on the trade before closing. The Appellant shall provide the Office of the Registrar at RECO, at the end of every three-month period following the term of her suspension, with a written summary of every trade she has completed (a trade record sheet shall suffice) along with written confirmation by the brokerage Branch Manager or the brokerage Broker of Record that he or she has supervised every trade that the Appellant has conducted during the previous three (3) months.
e. The Appellant shall obtain the written approval of the Registrar before transferring to another brokerage, and the broker of record of any brokerage to which the Appellant transfers shall provide the Registrar with written consent to be bound by the conditions herein.
6The proceedings in this matter are concluded and disposed of without a hearing on the basis of the terms set out above. As such, the Tribunal shall vacate the hearing set for September 13 – 16, 2021.
LICENCE APPEAL TRIBUNAL
Craig Mazerolle, Member
Released: September 7, 2021