Licence Appeal Tribunal
Appeal under the Real Estate and Business Brokers Act, 2002, S.O. 2002, Chapter 30, Schedule C and Regulations, as amended, to apply conditions
Between:
PAOLO JOSEPH FASCIANI Appellant
and
THE REGISTRAR, REAL ESTATE AND BUSINESS BROKERS ACT, 2002 Respondent
CONSENT ORDER
ADJUDICATOR: D. Gregory Flude, Vice Chair DATE: September 23, 2022
CONSENT ORDER
1The Appellant requested a hearing before the Licence Appeal Tribunal (the "Tribunal”) to appeal the respondent's proposal to attach conditions to his registration as a real estate salesperson.
2The parties have advised the Tribunal that they have resolved the issues in dispute and have requested the Tribunal issue an order on consent disposing of this proceeding without a hearing.
3On consent of the parties, and pursuant to Section 4.1 of the Statutory Powers Procedure Act. and subsection 10(2) of the Real Estate and Business Brokers Act, 2002 ("REBBA") the parties to the proceeding, Paolo Joseph Fasciani ("Mr. Fasciani") and the Registrar, Real Estate and Business Brokers Act, 2002 (the "Registrar”), waive the requirement of a hearing and hereby consent to an Order of the Licence Appeal Tribunal (the "Order") based on the terms and conditions to the registration of Mr. Fasciani as a real estate salesperson under the REBBA attached hereto as Schedule “A.”
LICENCE APPEAL TRIBUNAL
D. Gregory Flude, Vice-Chair
Released: September 23, 2022
SCHEDULE “A”
TO: Licence Appeal Tribunal Tribunals Ontario Safety, Licensing Appeals and Standards Division PO Box 250 Toronto, ON M7A 1N3
FROM: The Registrar, Real Estate and Business Brokers Act, 2002 Real Estate Council of Ontario 3300 Bloor Street West West Tower, Suite 1200 Toronto, ON M8X 2X2
AND FROM: Paolo Joseph Fasciani 8 Cirillo Court Toronto, ON M6L 1R5
Pursuant to subsection 10(2) of the Real Estate and Business Brokers Act, 2002 (the “REBBA”), Paolo Joseph Fasciani (the “Registrant”) and the Registrar, Real Estate and Business Brokers Act, 2002, (the "Registrar”), in accordance with section 4.1 of the Statutory Powers Procedure Act, do hereby waive the requirements of a hearing and consent to an Order of the Licence Appeal Tribunal ("Consent Order") based upon the following terms and conditions:
The Registrar agrees that the Registrant will be registered as a real estate salesperson, subject to the requirements outlined in the REBBA and the terms and conditions contained herein.
The Registrant agrees not to be a partner, shareholder, officer, director, or controlling mind of a brokerage.
The Registrant shall comply with all requirements of the REBBA and its associated regulations as may be amended from time to time. The Registrant further agrees to read all correspondence, publications and bulletins from the Real Estate Council of Ontario (“RECO”), including all RECO policies and guidelines.
The Registrant shall provide full and complete disclosure in all future correspondence with the Registrar and on all future applications, regardless of whether or not disclosure has been made previously to the Registrar.
The Registrant shall have his next application to RECO reviewed by his legal counsel, who shall provide to the Registrar his or her written confirmation that a full review of the application was completed prior to submitting said application to RECO.
The Registrant shall notify the Registrar, in writing, within five (5) days of transferring his registration to another brokerage.
The Registrant shall advise the Registrar and his sponsoring brokerage, in writing and within five (5) business days, or any findings of guilt, convictions, or pending charges under any law. The Registrant will provide the Registrar with a copy of the notification acknowledged by the signature of his sponsoring brokerage.
The Registrant shall advise the Registrar, in writing, as soon as reasonably practicable, of any statements of claim, judgments, bankruptcy, liens, or changes in financial status that might be reasonably anticipated to affect the Registrant's ability to comply with any requirement under the REBBA or its regulations.
If these terms and conditions are still in effect at the time of transferring his registration, the Registrant shall notify the new brokerage of these terms and conditions, prior to the transfer of his registration. The Registrant shall ensure that a copy of these terms and conditions are duly signed by his new broker of record.
Without limiting the generality of the foregoing and the Registrar's authority pursuant to the REBBA and its regulations, the Registrant acknowledges that the Registrar may take further administrative action, including issuing a Proposal to Refuse to Renew, Suspend, Revoke or Apply Conditions to Registration, should the Registrant fail to comply with these conditions.
ACKNOWLEDGMENT AND UNDERTAKING:
The Registrar is relying on the accuracy and completeness of all documents, statements or information provided by the Registrant.
The Registrant acknowledges that the Registrar may take further administrative action, including a proposal to suspend or revoke registration, arising from any matters that have occurred or may occur related to honesty and integrity, financial responsibility or compliance with these terms and conditions.
Independent legal advice has been obtained or the Registrant has had the opportunity to obtain independent legal advice respecting consent to the Conditions contained in this document.
The Conditions contained in this document shall be in force for a period of one (1) year from the date of the Consent Order.
Paolo Joseph Fasciani Date:
These Conditions are accepted by the Registrar, Real Estate and Business Brokers Act, 2002
Joseph Richer, Registrar
Date: