Calgary, Alberta – On December 24, 2013, the Real Estate Council of Alberta (RECA) suspended Brandon James Antonini, a mortgage associate registered with Mortgage Architects in Calgary. RECA determined it is in the public interest’s to temporarily suspend Mr. Antonini. The suspension will continue until the conclusion of RECA disciplinary proceedings against him.

Allegations against Mr. Antonini include that he:

• Made representations or carried on conduct that was reckless or intentional and that misled or deceived any person or was likely to do so; and,
• Participated in fraudulent or unlawful activities in connection with the provision of services or in any dealings.

As a result of this suspension, Brandon James Antonini may not deal in mortgages in Alberta. His suspension does not affect the activities of Mortgage Architects.

The Real Estate Council of Alberta (RECA) is an independent, non-government agency, responsible for governing real estate, mortgage broker, and real estate appraisal industry professionals under Alberta’s Real Estate Act. RECA is mandated to protect consumers and to provide services that enhance and improve the industry and the business of industry professionals.

Calgary, Alberta – On December 6, 2013, a Hearing Panel of the Real Estate Council of Alberta (RECA) ordered that Christy Lindsay Marsh’s authorization to trade in real estate as an associate be suspended for a period of three months. The Hearing Panel also ordered Ms. Marsh to pay fines and costs totaling $18,000, and complete an educational requirement.

Ms. Marsh was registered as a real estate associate with Calgary Independent Realty Ltd. o/a CIR Realty at all material times.

The Hearing Panel found Ms. Marsh:

• Failed to act honestly;
• Failed to provide competent service;
• Failed to fulfill her fiduciary obligations to her clients;
• Participated in fraudulent or unlawful activities in connection with the provision of services or in any dealings; and,
• Failed to provide to the broker in a timely manner all original documentation and copies of original documents related to a trade in real estate.

The Real Estate Council of Alberta (RECA) is an independent, non-government agency, responsible for governing real estate, mortgage broker, and real estate appraisal industry professionals under Alberta’s Real Estate Act. RECA is mandated to protect consumers and to provide services that enhance and improve the industry and the business of industry professionals.

Calgary, Alberta – On November 5, 2013, the Real Estate Council of Alberta suspended the authorization of John Clifton Winkler. At the time of the suspension, Mr. Winkler was not registered with a brokerage. The suspension is in accordance with s.38(4.2) of the Real Estate Act and occurred as a result of John Clifton Winkler’s refusal to cooperate with a person conducting an investigation. As a result of this suspension, Mr. Winkler cannot trade in real estate or provide real estate appraisal services in Alberta at this time.

The Real Estate Council of Alberta (RECA) is an independent, non-government agency, responsible for governing real estate, mortgage broker, and real estate appraisal industry professionals under Alberta’s Real Estate Act. RECA is mandated to protect consumers and to provide services that enhance and improve the industry and the business of industry professionals.

Calgary, Alberta – On October 23, 2013, Gerard Brand, previously a mortgage broker, applied to withdraw from industry membership in accordance with s.54 of the Real Estate Act.
At the time of his application, Mr. Brand was the subject of conduct proceedings to determine whether he:

• Engaged in conduct that undermined public confidence in the industry, harmed the integrity of the industry or brought the industry into disrepute.

At the time of the withdrawal application approval, there had been no disciplinary hearing, admissions of conduct or findings of fact.

By virtue of operation of Part Three of the Real Estate Act, conduct proceedings are discontinued. Mr. Brand’s application to withdraw was approved by the Real Estate Council of Alberta and results in a voluntary lifetime prohibition from industry membership.

The Real Estate Council of Alberta (RECA) is an independent, non-government agency, responsible for governing real estate, mortgage broker, and real estate appraisal industry professionals under Alberta’s Real Estate Act. RECA is mandated to protect consumers and to provide services that enhance and improve the industry and the business of industry professionals.

Calgary, Alberta – On October 23, 2013, Rohit Dhawan, previously a mortgage associate, applied to withdraw from industry membership in accordance with s.54 of the Real Estate Act.
At the time of his application, Mr. Dhawan was the subject of conduct proceedings to determine whether he:

• Failed to fulfill his fiduciary obligations.
• Made representations or carried on conduct that was reckless or intentional and that misled or deceived any person or was likely to do so.
• Participated in fraudulent or unlawful activities in connection with the provision of services or in any dealings.
• Engaged in conduct that undermined public confidence in the industry, harmed the integrity of the industry or brought the industry into disrepute.

At the time of the withdrawal application approval, there had been no disciplinary hearing, admissions of conduct or findings of fact.

By virtue of operation of Part Three of the Real Estate Act, conduct proceedings are discontinued. Mr. Dhawan’s application to withdraw was approved by the Real Estate Council of Alberta and results in a voluntary lifetime prohibition from industry membership.

The Real Estate Council of Alberta (RECA) is an independent, non-government agency, responsible for governing real estate, mortgage broker, and real estate appraisal industry professionals under Alberta’s Real Estate Act. RECA is mandated to protect consumers and to provide services that enhance and improve the industry and the business of industry professionals.

Calgary, Alberta – On October 23, 2013, Ash Dzafo, previously a real estate associate, applied to withdraw from industry membership in accordance with s.54 of the Real Estate Act.
At the time of his application, Mr. Dzafo was the subject of conduct proceedings to determine whether he:

• Participated in fraudulent or unlawful activities in connection with the provision of services or in any dealings.
• Failed to provide competent service.

At the time of the withdrawal application approval, there had been no disciplinary hearing, admissions of conduct or findings of fact.

By virtue of operation of Part Three of the Real Estate Act, conduct proceedings are discontinued. Mr. Dzafo’s application to withdraw was approved by the Real Estate Council of Alberta and results in a voluntary lifetime prohibition from industry membership.

The Real Estate Council of Alberta (RECA) is an independent, non-government agency, responsible for governing real estate, mortgage broker, and real estate appraisal industry professionals under Alberta’s Real Estate Act. RECA is mandated to protect consumers and to provide services that enhance and improve the industry and the business of industry professionals.

Calgary, Alberta – On September 30, 2013 pursuant to section 53(1)(a) of the Real Estate Act, the Real Estate Council of Alberta temporarily suspended the authorization of Christy Lindsay Marsh, a real estate associate registered with Twin Oakes Real Estate 1993 Inc. o/a Re/Max House of Real Estate, operating in Calgary, pending the outcome of conduct proceedings under Part 3 of the Real Estate Act.

It is alleged that contrary to the Real Estate Act and the Rules made pursuant to the Real Estate Act, Ms. Marsh:

• did not act honestly;
• did not provide competent service;
• did not fulfill her fiduciary duties to her client;
• did not cooperate with a representative of the Council;
• made representations or carried on conduct that was reckless or intentional and that misled or deceived any person or was likely to do so; and,
• participated in fraudulent or unlawful activities in connection with the provision of services or in any dealings.

As a result of this suspension, Christy Lindsay Marsh may not trade in real estate in Alberta at this time. Ms. Marsh’s suspension does not affect the trading activities of Twin Oakes Real Estate 1993 Inc. o/a Re/Max House of Real Estate.

The Real Estate Council of Alberta (RECA) is an independent, non-government agency, responsible for governing real estate, mortgage broker, and real estate appraisal industry professionals under Alberta’s Real Estate Act. RECA is mandated to protect consumers and to provide services that enhance and improve the industry and the business of industry professionals.

Calgary, Alberta – On September 23, 2013, a Hearing Panel of the Real Estate Council of Alberta (RECA) ordered that Genseric Hoklee Fung’s authorization to trade in real estate as an associate be suspended for a period of six months. The Hearing Panel also ordered Mr. Fung to pay a fine of $15,000, costs of $14,188 and complete an educational requirement.

Mr. Fung was registered as a real estate associate with 814355 Alberta Ltd. o/a Royal LePage Summit Realty at all material times.

The Hearing Panel also ordered that in the event Mr. Fung is reinstated following authorization suspension and successful course completion, for one year, he will be required to report weekly to his broker, he will supply all trade documents and records to his broker and he will permit his broker to directly oversee and supervise his activities to enable a written report to be maintained. Such report will be made available to RECA’s Executive Director as and when requested.

The Hearing Panel found Mr. Fung:

• breached sections 19 and 20 of the Real Estate Act in that he did not follow the procedures set out in those sections for a guaranteed sales contract, including the payment of 5% of the proposed purchase price into a trust account;
• breached section 42(b) of the Real Estate Act Rules in that he participated in fraudulent or unlawful activities in connection with the provision of services or in any dealings by making false and unfounded representations for the purchase of his client’s property so that he could gain a benefit by promising his clients a “guaranteed sale” to purchase their property if it did not sell, but included a clause in the purchase contract to protect himself. He deceived his clients by leading them to believe they possessed an agreement that amounted to a guarantee. Additionally, Mr. Fung did not comply with the termination provisions of the listing contract and did not provide any other authority giving him the power to unilaterally terminate the Listing Contract without express agreement from his clients and broker;
• breached section 53(c)(i) of the Real Estate Act Rulesin that he failed to provide to the broker, in a timely manner, all original documentation and copies of original documents provided to the parties or maintained by other brokerages related to a trade in real estate; and,
• breached section 53(d) of the Real Estate Act Rules in that he failed to keep the broker informed of his activities being performed on behalf of the brokerage.

The Real Estate Council of Alberta (RECA) is an independent, non-government agency, responsible for governing real estate, mortgage broker, and real estate appraisal industry professionals under Alberta’s Real Estate Act. RECA is mandated to protect consumers and to provide services that enhance and improve the industry and the business of industry professionals.

Calgary, Alberta – On August 12, 2013, pursuant to section 53(1)(a) of the Real Estate Act, the Real Estate Council of Alberta temporarily suspended the authorization of Bobby Chinn, a real estate associate registered with Century 21 A.L.L. Stars Realty Ltd., operating in Edmonton, pending the outcome of conduct proceedings under Part 3 of the Real Estate Act.

It is alleged that contrary to the Real Estate Act and the Rules made pursuant to the Real Estate Act, Mr. Chinn engaged in conduct that undermines public confidence in the industry, harms the integrity of the industry, or brings the industry into disrepute.

As a result of this suspension, Bobby Chin may not trade in real estate in Alberta at this time. Mr. Chinn’s suspension does not affect the trading activities of Century 21 A.L.L. Stars Realty Ltd.

The Real Estate Council of Alberta is an independent, non-government agency, responsible for governing real estate, mortgage broker, and real estate appraisal industry professionals under Alberta’s Real Estate Act. RECA is mandated to protect consumers and to provide services that enhance and improve the industry and the business of industry professionals.

Calgary, Alberta – On April 10, 2013, Dooby (Dov) Leyb, previously a real estate associate, applied to withdraw from industry membership in accordance with s.54 of the Real Estate Act.\

At the time of the withdrawal application approval, there had been no disciplinary hearing, admissions or findings of fact.

By virtue of operation of Part Three of the Real Estate Act, conduct proceedings are discontinued. Mr. Leyb’s application to withdraw was approved by the Real Estate Council of Alberta and results in a voluntary lifetime prohibition from industry membership.

The Real Estate Council of Alberta (RECA) is an independent, non-government agency, responsible for governing real estate, mortgage broker, and real estate appraisal industry professionals under Alberta’s Real Estate Act. RECA is mandated to protect consumers and to provide services that enhance and improve the industry and the business of industry professionals.

Calgary, Alberta – On April 10, 2013, Bryan Tsang, a real estate associate, applied to withdraw from industry membership in accordance with s.54 of the Real Estate Act.

At the time of his application, Mr. Tsang was the subject of conduct proceedings to determine whether he:

• Failed to collect a deposit and place it in trust.
• Failed to properly remit monthly rents.
• Failed to provide documentation to his brokerage.
• Drafted a false employment letter to obtain a mortgage.

At the time of the withdrawal application approval, there had been no disciplinary hearing, admissions or findings of fact.

By virtue of operation of Part Three of the Real Estate Act, conduct proceedings are discontinued.  Mr. Tsang’s application to withdraw was approved by the Real Estate Council of Alberta and results in a voluntary lifetime prohibition from industry membership.

The Real Estate Council of Alberta (RECA) is an independent, non-government agency, responsible for governing real estate, mortgage broker, and real estate appraisal industry professionals under Alberta’s Real Estate Act. RECA is mandated to protect consumers and to provide services that enhance and improve the industry and the business of industry professionals.

Calgary, Alberta – On March 1, 2013, the Real Estate Council of Alberta suspended the authorization of Jay Kenneth Harder. At the time of the suspension, Mr. Harder was not registered with a brokerage. The suspension is in accordance with s.38(4.2) of the Real Estate Act and occurred as a result of Jay Kenneth Harder’s refusal to cooperate with a person conducting an investigation. As a result of this suspension, Mr. Harder cannot trade in real estate in Alberta at this time.

The Real Estate Council of Alberta (RECA) is an independent, non-government agency, responsible for governing real estate, mortgage broker, and real estate appraisal industry professionals under Alberta’s Real Estate Act. RECA is mandated to protect consumers and to provide services that enhance and improve the industry and the business of industry professionals.

Calgary, Alberta – On February 7, 2013, pursuant to section 53(1)(a) of the Real Estate Act, the Real Estate Council of Alberta temporarily suspended the authorization of Donald Mike Gray, former real estate broker registered with DMG Asset Management and Realty Ltd. in Edmonton pending the outcome of conduct proceedings under Part 3 of the Real Estate Act.

It is alleged that contrary to the Real Estate Act and Rules made pursuant to the Real Estate Act, Mr. Gray:

• failed to ensure proper management and control of documents or records related to licensing, registrations and related regulatory requirements;
• failed to prepare and review a monthly bank reconciliation within 30 days of the date of the prior month’s bank statement, and acknowledge the review by signing and dating the monthly reconciliation;
• failed to fund a trust shortage;
• failed to practice in strict accordance with the Act, Regulations, Rules, Bylaws and any other laws that govern trading in real estate, mortgage transactions or appraisals in Alberta;
• failed to ensure that the terms of the trust were in writing and agreed to by the industry member and all other parties;
• failed to disburse money received or held in trust in respect of a dealing or trade in the business of the industry member only in accordance with the rules and with the terms of the trust governing the use of that money;
• failed to provide competent service;
• allowed a payment or allowed a bank transfer out of an account in which money was held in trust and that created a negative balance in a client’s or customer’s ledge;
• failed to ensure an adequate level of supervision for associate brokers or associates within the brokerage and employees who perform duties on behalf of the brokerage;
• failed to disclose to clients, at the earliest practical opportunity, any conflict of interest there may be in the course of providing services to, or in dealings with, a client;
• provided services to a client or potential client in a trade or anticipated trade in which he has, or will have, a conflict of interest without receiving the written and informed consent of the party;
• failed to ensure all documents and records related to trades in real estate required under the Act and the Rules are maintained or made available by the brokerage for the purposes of a review at the registered business office of the brokerage.

As a result of this suspension, Mr. Gray cannot trade in real estate and cannot provide property management services in Alberta at this time. Mr. Gray’s suspension does not affect the real estate trading and property management activities of DMG Asset Management and Realty Ltd.

The Real Estate Council of Alberta (RECA) is an independent, non-government agency, responsible for governing real estate, mortgage broker, and real estate appraisal industry professionals under Alberta’s Real Estate Act. RECA is mandated to protect consumers and to provide services that enhance and improve the industry and the business of industry professionals.