Consent Order
Appeal from the Notice of Proposal by the Registrar, Real Estate and Business Brokers Act, 2002 to Refuse to Grant Registration
Between:
Jaskaran Singh Appellant
and
Registrar, Real Estate and Business Brokers Act, 2002 Respondent
Adjudicator: Avril A. Farlam, Vice-Chair
Appearances:
For the Appellant: Lakhwinder Sandhu, Counsel For the Respondent: Maya Sabharwal, Counsel
Heard by Videoconference: September 12, 2022
BACKGROUND
1Jaskaran Singh (the “appellant”) appealed the Notice of Proposal to Refuse to Grant Registration dated November 4, 2021 issued by the Registrar, Real Estate and Business Brokers Act, 2002, under the Real Estate and Business Brokers Act, 2002, S.O. 2002, c. 30, Sch. C (the “Act”) to refuse the appellant’s registration as a salesperson under the Act.
2The parties attended this hearing on September 12, 2022 and advised that they had resolved the issues in dispute.
3The parties submitted to the Tribunal signed Minutes of Settlement and indicated that orally at the hearing that, in accordance with section 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 (the “SPPA”), they waive the requirements of a hearing and consent to an Order of the Tribunal disposing of this appeal in accordance with the Minutes of Settlement signed by the appellant on September 9, 2022 and signed by the Registrar on September 12, 2022, attached as Schedule A.
ON CONSENT OF THE PARTIES, I ORDER THAT:
4Pursuant to s. 4.1 of the SPPA and s. 14(5) of the Act, and on the consent of both parties, I dispose of this proceeding without a hearing on the terms set out in the Minutes of Settlement signed by the appellant on September 9, 2022 and signed by the Registrar on September 12, 2022, attached to this Order as Schedule A, which Schedule A is incorporated and made part of this Order.
LICENCE APPEAL TRIBUNAL
Avril A. Farlam, Vice-Chair
Released: September 13, 2022
SCHEDULE “A”
WHEREAS the Respondent issued a Notice of Proposal, dated November 4, 2021, to refuse to grant 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 November 26, 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") dated March 2, 2021, 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 February 3, 2023.
In the event the Appellant applies for registration within six (6) months of the February 3, 2023 date, he shall not be required to repeat and again successfully complete any of the educational courses that he had already successfully completed in 2020.
It is understood by the Appellant 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:
Jaskaran Singh Date
Joseph Richler Date Registrar Real Estate and Business Act, 2002