Derek Johnson – An Update

There’s little doubt most industry professionals are aware of Derek Johnson and the enforcement action the Real Estate Council of Alberta (RECA) has taken to stop the unlicensed real estate trading and dealing in mortgages in which he and his associates have been involved.

Derek Johnson and his associates continue to harass licensed industry professionals with misleading emails about RECA’s activities. We want to take this opportunity to update you on what’s going on with how RECA continues to take action to constrain Derek Johnson’s illegal and inappropriate actions.

March 19, 2013: RECA issued its first Administrative Penalty against Derek Johnson for breach of section 17 of the Real Estate Act. RECA received a complaint from the public and issued this penalty after investigating Mr. Johnson’s real estate trading activity. The Administrative Penalty was in the amount $15,000. Derek Johnson made no attempt to appeal the Administrative Penalty. RECA obtained a Court judgment for his payment of the $15,000 but Mr. Johnson has not satisfied the judgment.

August 2013: Derek Johnson attempted to sue RECA, CBC and others for defamation by a filing a Statement of Claim with the Court of Queen’s Bench. The Clerk of the Court found Mr. Johnson’s lawsuit was improperly commenced. A Court ruling says Mr. Johnson may only file a Statement of Claim with the Court when represented by a lawyer. The Clerk concluded it was filed in breach of this ruling and it was accepted in error. Mr. Johnson’s action against RECA was a nullity. RECA was not noted in default nor was a judgment issued against RECA.

July 2014: RECA issued two Administrative Penalties against Derek Johnson for continued breaches of section 17 of the Real Estate Act for unlicensed real estate and mortgage brokerage activity. These penalties total $50,000. Mr. Johnson made no attempt to appeal these Administrative Penalties. RECA obtained a Court judgment for payment of the $50,000 but Mr. Johnson has not satisfied the judgment.

November 2014: RECA issued a direction to Derek Johnson under section 10 of the Real Estate Act to cease unlicensed practice. Mr. Johnson ignored this direction to stop.

RECA issued a Consumer Alert about Derek Johnson to alert consumers of Mr. Johnson’s unauthorized activity, and predatory real estate and mortgage brokerage practices.

December 11, 2014: RECA obtained a Court of Queen’s Bench Injunction against Derek Johnson, aka John Davis, ordering him to cease and desist trading in real estate and dealing in mortgages without a license, and to pay $2,500 in costs. The Court also ordered Mr. Johnson to take down his website, www.freelistcalgary.com and www.joerhealestate.com (Joe Rhealestate), and to remove his YouTube and Kijiji postings from those sites. These two sites have since been removed from the internet. It is believed Mr. Johnson continues to be involved in Kijiji postings. The Court Injunction also applies to Mr. Johnson’s associates.

Since 2013, Derek Johnson and his associates have launched campaigns of harassment against RECA staff, Council members and licensed industry professionals. At various times, via email and telephone, Mr. Johnson has threatened RECA staff members and Council members.

In March 2015, RECA obtained a Court of Queen’s Bench Restraining Order against Derek Johnson, whereas he is restrained from:

• being within 200 metres of RECA’s Calgary office, the residences or businesses of former or present RECA Council members and staff
• threatening, harassing, molesting, watching, following, sending correspondence to, telephoning, emailing or otherwise interfering with or contacting former or present RECA Council members and staff of their family members, personally or by any agent
• making internet postings encouraging others to threaten, harass, contact or interfere with RECA Council members or RECA staff

If Mr. Johnson breaches any terms of the Restraining Order, any police officer is authorized to arrest him using any reasonable force necessary.

RECA continues to take action against Derek Johnson and his associates. Please disregard and delete any emails you receive from Derek Johnson, Hot Justice TV or PrivateSectorAct.com.