Consent Order

Published on
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Licensee
Stephen Le Sage, Stephen Edward Le Sage
Brokerage at Time of Sanctioned Activity
Point Grey Properties Inc.
Current Brokerage
Point Grey Properties Inc., Vancouver
Consent Order Date
11 July 2006

Summary

REAL ESTATE COUNCIL OF BRITISH COLUMBIA

In the matter of the Real Estate Services Act

S.B.C. 2004, c. 42

AND in the matter of a Disciplinary Hearing held pursuant to Section 41 of the Real Estate Services Act

Hearing Date: July 11, 2006

Decision of Council: August 9, 2006

Complaint:

Contravention of sections 6(2)(b), 35(1)(a) and 35(1)(d) of the Real Estate Services Act, sections 7-7(1), 3-1(3)(a), (b) and 3-1(3) of the Council Rules under the Real Estate Services Act/Professional misconduct

Issue:

Point Grey Properties Inc., Vancouver, contravened section 7-7(1) of the Council Rules and section 35(1)(a) of the Real Estate Services Act in that it failed to file an Accountant 's Report with the Real Estate Council by the prescribed date.

Issue:

Stephen Edward Le Sage, managing broker, Point Grey Properties Inc., Vancouver:

  1. committed professional misconduct within the meaning of section 35(1)(d) of the Real Estate Services Act;
  2. failed to fulfill his responsibilities as a managing broker for the performance of the duties imposed on the brokerage by its licence within the meaning of section 6-2(b) of the Real Estate Services Act;
  3. contravened section 3-1(1)(a) and (b) and section 301(3) of the Council Rules in that he failed to ensure that the Accountant 's Report was filed with the Real Estate Council by the prescribed date.

Penalty:

Point Grey Properties Inc. shall be suspended for thirty days from September 16, 2006 to October 15, 2006 inclusive, if Point Grey Properties Inc. files an Accountant 's Report in a form acceptable to the Council by September 15, 2006. If Point Grey Properties Inc. does not file an Accountant 's Report in a form acceptable by the Council by September 15, 2006 the brokerage 's licence shall be cancelled effective September 16, 2006. In addition, as a condition of continued licensing, Point Grey Properties Inc. and Stephen Edward Le Sage are jointly and severally liable to pay enforcement expenses to the Council in the amount of $938.60.

Penalty:

Stephen Edward Le Sage, managing broker for Point Grey Properties Inc., shall be suspended from licensing under any category for thirty days from the date that the Accountant 's Report is received by the Council if Point Grey Properties Inc. files an Accountant 's Report in a form acceptable by the Council on or before September 15, 2006, in which case Mr. Le Sage is required to successfully complete the Broker 's Licensing Course by January 1, 2007 as a condition of continued licensing as a managing broker. If Point Grey Properties Inc. does not file an Accountant 's Report in a form acceptable by the Council by September 15, 2006, he shall be suspended from licensing under any category for sixty (60) days from September 16, 2006 to November 14, 2006 inclusive and his managing broker 's licence shall be suspended for three (3) years commencing November 14, 2006, in which case Mr. Le Sage is required to successfully complete the Broker 's Licensing Course prior to and as a condition of licensing as a managing broker. It is ordered that any application for a transfer or reinstatement of Mr. Le Sage 's licence under the Real Estate Services Act, in any capacity, will not be considered without a qualification hearing unless an Accountant 's Report and Winding Up Report for the brokerage in a form acceptable by the Council has been received by the Council at the time of Mr. Le Sage 's application. Further, as a condition of continued licensing, Point Grey Properties Inc. and Stephen Edward le Sage are jointly and severally liable to pay enforcement expenses to the Council in the amount of $938.60.

Extension

On September 12, 2006 Point Grey Properties Inc. and Mr. Le Sage requested an extension of time to file the accountant 's report from September 15, 2006 to October 6, 2006 as a result of the brokerage accountants being unable to access the brokerage books, records and accounts.

The Discipline Hearing Committee was willing to grant Point Grey Properties Inc. an extension in these circumstances provided that Point Grey Properties Inc. and Mr. Le Sage fully complied with all of their duties, including those imposed under the August 9, 2006 hearing decision. The Discipline Hearing Committee noted that it was advised at the July 11, 2006 hearing that Point Grey Properties Inc. and Mr. Le Sage were subject to an interim order of suspension in relation to a different matter before the Council and that any order in this matter was independent from and did not relieve Point Grey Properties Inc. and Mr. Le Sage from any other obligations they may have in that interim order matter, which has yet to be resolved.

Decision

The Discipline Hearing Committee decided that it would allow an extension of the September 15, 2006 deadline as set out in the August 9, 2006 hearing decision to October 6, 2006 and if Point Grey Properties Inc.:

  1. files an Accountant 's Report in a form acceptable to the Council by October 6, 2006; and,
  2. pays the enforcement expenses as ordered in the August 9, 2006 hearing decision in the sum of $938.60 by October 9, 2006;

its licence, which was suspended on September 16, 2006 under the August 9, 2006 decision, shall remain suspended until October 15, 2006 inclusive.

In the event Point Grey Properties Inc. does not comply with the terms of this extension order, its licence, which became suspended effective September 16, 2006 under the August 9, 2006 decision, will be cancelled on the earlier of October 7, 2006 or October 10, 2006, as the case may be.

In the event Point Grey Properties Inc. complies with the terms of this extension order, Mr. Le Sage, whose licence became suspended under the August 9, 2006 decision as of September 16, 2006, shall remain suspended until November 15, 2006 inclusive.

In the event Point Grey Properties Inc. does not comply with the terms of this extension order, Mr. Le Sage 's licence as a managing broker will be cancelled on the earlier of October 7, 2006 or October 10, 2006, as the case may be, he will have no right to reapply as managing broker for three years.

All other conditions of the August 9, 2006 decision remain the same.