Licence Appeal Tribunal File Number: 14869 REBBA
In the matter of an appeal from a Notice of Proposal and Decision of the Registrar, Real Estate and Business Brokers Act, 2002, S.O. 2002, c.30, Sch. C – to Refuse Registration
Between:
Sanjeev Jindal
Appellant
and
Registrar, Real Estate and Business Brokers Act, 2002
Respondent
CONSENT ORDER
ADJUDICATOR:
Jeffery Campbell, Vice-Chair
December 11, 2023
BACKGROUND
1The Sanjeev Jindal (the “appellant”) appealed from a Notice of Proposal to Refuse Registration issued by the Registrar, Real Estate and Business Brokers Act, 2002 (the “Registrar”) dated April 24, 2023 (the “NOP”) made under the Real Estate and Business Brokers Act, 2002 (“the Act”) to refuse registration of the appellant as a salesperson under the Act.
2The NOP states that the appellant is not entitled to registration as a salesperson under the Act because, pursuant to s. 10(1)(a)(ii) of the Act, the appellant’s past conduct affords reasonable grounds for the belief that he will not carry on business in accordance with law and with integrity and honest, and under s. 10(1)(a)(iii) of the Act, the appellant made a false statement(s) or provided a false statement(s) in an application for registration.
3The Notice of Proposal to Refuse the registration has been appealed to the Tribunal.
4The parties advised the Tribunal that they had resolved the issues in dispute and both parties have consented to the registration of Sanjeev Jindal as a real estate salesperson under the Act on the terms and conditions set out in Schedule A signed by both parties December 10, 2023.
5Further, both parties confirmed that pursuant to section 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S 2 (the “SPPA”), both parties waive the requirements of a hearing and consent to an Order of the Tribunal to accept the appellants’ registrations on the terms and conditions set out on Schedule A. A copy of the agreement signed by both parties is attached as Schedule A to this Order.
ON CONSENT OF BOTH PARTIES, I ORDER:
6Pursuant to s. 4.1 of the SPPA and on the consent of the parties, I dispose of this proceeding without a hearing on the terms set out in the agreement signed by both parties on December 10, 2023, attached to this order as Schedule A, which Schedule A is incorporated and made part of this Order.
LICENCE APPEAL TRIBUNAL
Jeffery Campbell, Vice-Chair
Released: December 11, 2023
Schedule “A”
Tribunal File No. 14869/REBBA
In a Matter Before the Licence Appeal Tribunal
BETWEEN
Sanjeev Jindal
Appellant
- and-
Registrar, Real Estate and Business Brokers Act, 2002
amended on December 1, 2023 to Trust in Real Estate Services Act, 2002
Respondent
MINUTES OF SETTLEMENT
WHEREAS the Respondent issued a Notice of Proposal, dated April 24, 2023, to refuse the registration of the Appellant as a salesperson under the Real Estate and Business Brokers Act , 2002 (“REBBA”) that was amended to become the Trust in Real Estate Services Act, 2002 (“TRESA”) effective December 1, 2023;
AND WHEREAS the Appellant filed a Notice of Appeal, dated May 5, 2023, 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 Appellant withdraws his application for registration that was submitted to the Real Estate Council of Ontario ("RECO") on October 21, 2021, that resulted in the Respondent issuing the Notice of Proposal, and RECO shall refund the Appellant the fees associated with the application.
The Respondent withdraws the Notice of Proposal.
The Appellant shall successfully complete the Bringing Life on Track Group Program (“BLOT”), offered by the Punjabi Community Health Services (“PCHS”), that the Appellant enrolled in on November 28, 2023.
The Appellant may resubmit an application for registration after he has received proof of successful completion of the BLOT and provided said proof to RECO, directly from PCHS.
The Appellant shall successfully complete the REIC2600 – Ethics in Business Practice course offered by the Real Estate Institute of Canada prior to any reapplication to RECO and provide proof of same in support of any future application.
In the event the Appellant applies for registration on or before June 30, 2023, he shall not be required to repeat and again successfully complete any of the educational courses that he had already successfully completed from 2019 to 2021.
The Appellant agrees that non-compliance with any of the terms of these Minutes of Settlement may result in a proposal to refuse future registration under TRESA and that this settlement does not preclude the Registrar from evaluating the Appellant's future application for registration on its merits under sections 10 and13 of TRESA.
The Appellant agrees that nothing in these Minutes of Settlement or the Order of the Tribunal arising out of these Minutes of Settlement restricts in any manner the ability of the Registrar to commence or take any further action pursuant to REBBA, TRESA or any successor legislation based on any information that may come to the Registrar's attention for the first time after an Order of the Tribunal.
The Appellant confirms that he has read and understood the terms of these Minutes of Settlement and confirms that he was given the opportunity to obtain independent legal advice with respect to the content of these Minutes of Settlement.
Reviewed, Acknowledged and Accepted by Sanjeev Jindal on December 10, 2023.
Sanjeev Jindal Joseph Richer, Registrar
December 11, 2023 ____________________
Date