Licence Appeal Tribunal File Number: 14568/REBBA
An Appeal from a Notice of Proposal by the Registrar, Real Estate and Business Brokers Act, 2002, S.O. 2002, c. 30, Sched. C, to Refuse Registration.
Between:
Dane Charles-Roberts
Appellant
and
Registrar, Real Estate and Business Brokers Act, 2002
CONSENT ORDER
ADJUDICATOR: Stephen Scharbach, Member
APPEARANCES:
For the Appellant: Dane Charles-Roberts, Self-represented
For the Respondent: Maya Sabharwal, Counsel
OVErview
1Dane Charles-Robert (“Appellant”) requested a hearing before this Tribunal to consider a Notice of Proposal issued by the Registrar under the Real Estate and Business Brokers Act, 2002 (“Respondent”) to refuse his application for registration as a real estate salesperson.
2A two-day hearing was scheduled to commence on June 20, 2023. However, on June 19, 2022, the parties advised the Tribunal that they had resolved the issues in dispute and requested that the Tribunal issue an order on consent disposing of this proceeding without a hearing. They have signed and filed with the Tribunal a written document dated June 19, 2022, setting out the terms of their resolution and the order requested. A copy of that document is attached to this Order.
3Given the parties’ agreement and consent, pursuant to s.10(2) of the Real Estate and Business Brokers Act, 2002 (“Act”) and s.4.1 of the Statutory Powers Procedure Act, on the consent of the parties I order as follows:
ORDER
4The hearing dates scheduled for June 20 and 21, 2023 are vacated.
5The Registrar shall register the Appellant as a real estate salesperson under the Act and subject to the following conditions which shall be in force for a period of five (5) years from the date of this Order:
(a) Charles-Roberts shall not to be a partner, shareholder, officer, director, broker of record, sole proprietor, or controlling mind for any real estate brokerage.
(b) Charles-Roberts shall not have signing authority or be designated as an alternate signatory on any statutory trust account established pursuant to subsection 27 of the Act for any real estate brokerage.
(c) Charles-Roberts shall advise the Registrar and his sponsoring brokerage, in writing, and within five (5) business days, of any findings of guilt, convictions, or pending charges under any law. Charles-Roberts shall provide the Registrar with a copy of the notification to the brokerage acknowledged by the signature of the sponsoring brokerage’s broker of record.
LICENCE APPEAL TRIBUNAL
Stephen Scharbach, Member
Released: June 21, 2023
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 1400 Toronto, ON M8X 2X2
AND FROM: Dane Charles-Roberts Unit 1 -74 Cavell Avenue Etobicoke, ON M8V 1P2
Pursuant to subsection 10(2) of the Real Estate and Business Brokers Act, 2002 (the Act), Dane Charles-Roberts (Charles-Roberts) 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 License Appeal Tribunal (Consent Order) based upon the following Conditions:
The Registrar agrees that Charles-Roberts will be registered as a real estate salesperson, subject to the requirements outlined in the Act and the Conditions contained herein.
Charles-Roberts agrees not to be a partner, shareholder, officer, director, broker of record, sole proprietor, or controlling mind for any real estate brokerage.
Charles-Roberts agrees to not have signing authority or be designated as an alternate signatory on any statutory trust account established pursuant to subsection 27 of the Act for any real estate brokerage.
Charles-Roberts shall advise the Registrar and his sponsoring brokerage, in writing, and within five (5) business days, of any findings of guilt, convictions, or pending charges under any law. Charles-Roberts will provide the Registrar with a copy of the notification to the brokerage acknowledged by the signature of the sponsoring brokerage’s broker of record.
Without limiting the generality of the foregoing and the Registrar's authority pursuant to the Act and its regulations, Charles-Roberts acknowledges that the Registrar may take further administrative action, including issuing a Proposal to Suspend, Revoke or Apply Conditions to Registration, should Charles-Roberts fail to comply with these conditions.
ACKNOWLEDGMENT AND UNDERTAKlNG:
Charles-Roberts 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 Conditions.
Independent legal advice has been obtained or Charles-Roberts 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 five (5) years from the date of the Consent Order.
Dane Charles-Roberts
Date:
These Conditions are accepted by the Registrar, Real Estate and Business Brokers Act, 2002
Joseph Richer, Registrar
Date: