Date: 2022-05-25

An appeal from a Notice of Proposal under the Real Estate and Business Brokers Act, 2002, to Refuse a Registration

Between:

Tryystan Gaelen Moon

Appellants

-and-

Registrar, Real Estate and Business Brokers Act, 2002

Respondent

CONSENT ORDER

1The appellant and the respondent have applied to the Tribunal for the issuance of a Consent Order of the Tribunal without a hearing pursuant to section 4.1 of the Statutory Powers and Procedures Act, R.S.O. 1990, c. S.22.

2I have reviewed the Minutes of Settlement signed by the appellant and the respondent which is attached to this Consent Order as Schedule “A”.

3The Tribunal hereby orders that the terms and conditions set out in Schedule “A” are incorporated into and made part of this Order and this matter is concluded and disposed of without a hearing.

LICENCE APPEAL TRIBUNAL

Colin Osterberg, Member

Released: May 25, 2022

Schedule A

IN A MATTER BEFORE THE LICENCE APPEAL TRIBUNAL

B E T W E E N:

TRYYSTAN GAELEN MOON

Appellant

• and -

THE REGISTRAR, REAL ESTATE AND BUSINESS BROKERS ACT, 2002

Respondent

MINUTES OF SETTLEMENT

WHEREAS the Respondent issued a Notice of Proposal, dated June 23, 2021, to refuse the registration of the Appellant as a salesperson under the Real Estate and Business Brokers Ace, 2002 (“Act”);

AND WHEREAS the Appellant filed a Notice of Appeal, dated July 6, 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:

1. The Respondent shall withdraw the Notice of Proposal.

2. The Appellant shall withdraw his application for registration that was submitted to the Real Estate Council of Ontario (“RECO”) in October 2020 that resulted in the Respondent issuing the Notice of Proposal.

3. The Appellant may again apply for registration after October 1, 2022.

4. In the event that the Appellant applies for registration within six months of the October 1, 2022 date, he shall not be required to repeat and again successfully complete any of the educational courses that he had already successfully completed in 2019 and 2020.

5. 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 similar provisions under a successor legislation.

6. 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 the execution of these Minutes of Settlement.

7. The Respondent agrees that it will not propose to refuse the Appellant’s registration after October 1, 2022 for the facts as set out in the Notice of Proposal dated July 6, 2021 unless there are new Criminal Code charges or other serious charges of another nature set out against him;

8. The Appellant agrees that he shall complete the REIC 2600 Ethics in Business Practice Course and provide proof completion to the Registrar prior to submitting his application for registration.

9. The Appellant agrees that between today’s date and October 1, 2022 he will continue to volunteer at the Indigenous Friendship Center with the food hamper program or another program and attend ceremonies.

10. 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.

11. These Minutes of Settlement may be executed in counterparts and a faxed or scanned copy shall be considered valid and binding.

Executed By:

Tryystan Gaelen Moon DATE

Joseph Richer DATE

Registrar

Real Estate and Business Brokers Act, 2002