The Registrar appealed a Licence Appeal Tribunal decision that declined to revoke a real estate broker's registration, instead imposing conditions.
The broker had been involved in transactions where properties were flipped at inflated prices, facilitating mortgage fraud, though the Tribunal found he lacked actual knowledge of the fraud.
The Divisional Court majority dismissed the appeal, finding the Tribunal reasonably assessed the broker's past conduct, including mitigating factors, and appropriately applied the balance of probabilities standard.
A dissenting judge would have allowed the appeal, finding the Tribunal applied the wrong standard of proof and failed to properly apply the statutory test for registration entitlement.
