Licence Appeal Tribunal
In the matter of an appeal of the Registrar, Trust in Real Estate Services Act, 2020, S.O. 2020, c 1 to revoke registration.
Between:
Purusothaman Kamalanathan
Appellant
-and-
Registrar, Trust in Real Estate Services Act, 2020
Respondent
CONSENT ORDER
ADJUDICATOR:
Jeffery Campbell, Vice-Chair
February 26, 2024
BACKGROUND
1Purosothaman Kamalanathan (the “appellant”) appealed the Notice of Proposal to Revoke Registration as a broker dated September 13, 2023, (the “NOP”) issued by the Registrar, Trust in Real Estate Services Act 2002 (the “respondent”) under the Trust in Real Estate Services Act, 2002, S.O. 2002, c. 30, Sched. C, c 30, Sch C (the “Act”) to revoke his registration as a real estate broker.
2The parties advised the Tribunal that they had resolved the issues in dispute and both parties have consent to the registration of the appellant as a broker under the Act on the terms and conditions set out in Schedule A signed by the appellant on February 23, 2024 and by the respondent on February 26, 2024.
3Further, 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 continue 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:
4Pursuant 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 the parties, the copy 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: February 28, 2024
“SCHEDULE A”
IN A MATTER BEFORE THE LICENCE APPEAL TRIBUNAL
B E T W E E N:
PURUSOTHAMAN KAMALANATHAN
Appellant
- and -
THE REGISTRAR, REAL ESTATE AND BUSINESS BROKERS ACT, 2002
Respondent
MINUTES OF SETTLEMENT
WHEREAS the Respondent issued a Notice of Proposal, dated September 13, 2023, to revoke the registration of the Appellant as a broker under the Real Estate and Business Brokers Ace, 2002 (“Act”);
AND WHEREAS the Appellant filed a Notice of Appeal, dated October 4, 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 shall withdraw the Notice of Appeal.
The Respondent will proceed with its proposal to revoke the Appellant’s registration under the Act.
The Appellant may again apply for registration after February 12, 2025, but not before the following milestones have been met:
i. the Appellant’s assignment in bankruptcy dated April 16, 2021 has been discharged; and
j. all of the Appellant’s debts owing to Canada Revenue Agency, inclusive of HST, have been dispensed with, settled or paid in full.
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.
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.
The Respondent agrees that it will not propose to refuse the Appellant’s application for registration after the dates and milestones set out in Paragraph three (3) herein, for the facts as set out in the Notice of Proposal dated September 13, 2023 unless there are new Criminal Code charges or other serious charges of another nature set out against him.
The Appellant agrees that he will not apply to be in a position of authority with a brokerage such as a broker of record, branch manager, majority shareholder or otherwise, nor will he have signing privileges on any real estate trust account for a period of five (5) years from the date of any reinstatement as a registrant under the Trust in Real Estate Services Act, 2002.
The Appellant acknowledges that he has read and understood the terms of these Minutes of Settlement and confirms that he has had the opportunity to obtain 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:
Purusothaman Kamalanathan DATE
Joseph Richer DATE
Registrar,
Trust in Real Estate Services Act, 2002