IN THE MATTER OF THE REAL ESTATE SERVICES ACT
S.B.C 2004, C.42
AND
IN THE MATTER OF
SWIFTSURE STRATA SERVICES INC.
and JAMES GILMORE RAMSAY
SUSPENSION ORDER UNDER SECTION 45
ORDER FOR CONDITIONS UNDER SECTION 45
AND
ORDER TO FREEZE PROPERTY UNDER SECTION 46
Upon reading the Affidavit of Lisa Holst, Manager, Accounting and Audit of the Real Estate Council of British Columbia, sworn this 16th day of February, 2007,
I AM OF THE OPINION that:
1. There has been conduct on the part of SwiftSure Strata Services Inc. (the brokerage) and James Gilmore Ramsay, licensees, in respect of which a Disciplinary Committee could make an Order under section 43 of the Real Estate Services Act.
2. The length of time required to complete an investigation or hold a disciplinary hearing, or both, would be detrimental to the public interest.
I CONSIDER IT in the public interest to make an Order under section 45(2)(a) of the Real Estate Services Act that the licences of SwiftSure Strata Services Inc. and James Gilmore Ramsay be suspended.
Further, I consider it in the public interest to make an Order under section 45(2)(c) and section 37(3)(b) of the Real Estate Services Act requiring the licensees, SwiftSure Strata Services Inc. and James Gilmore Ramsay, to deliver up all the books, records and accounts of SwiftSure Strata Services Inc. to Lisa Holst, Manager, Accounting and Audit of the Council.
Further, I consider it in the public interest to make an Order under section 45(2)(c) of the Real Estate Services Act requiring the licensees, SwiftSure Strata Services Inc. and James Gilmore Ramsay, to cease all dealings with the brokerage trust accounts, the brokerage general account and any other brokerage account currently held at the Royal Bank of Canada at No. 3 Road and Cook Road Branch, 6400 #3 Road, Richmond, B.C. until further direction by the Real Estate Council.
Further, I consider it in the public interest to make an Order under section 46(2)(a) to prohibit the named licensees, SwiftSure Strata Services Inc. and James Gilmore Ramsay, from withdrawing any of the property of SwiftSure Strata Services Inc. that is held at the office of SwiftSure Strata Services Inc.
Further, I consider it in the public interest to make an Order under section 46(2)(a) to prohibit the named licensees, SwiftSure Strata Services Inc. and James Gilmore Ramsay, from withdrawing any funds from the brokerage trust accounts, brokerage commission trust account, the brokerage general account and any other brokerage account currently held at the Royal Bank of Canada at No. 3 Road and Cook Road Branch, 6400 #3 Road, Richmond, B.C. except as directed by the Real Estate Council.
Further I consider it to be in the public interest to make an Order under section 46(3) requiring James J. Legg, an officer and until recently a signatory of the brokerage trust accounts and general accounts, to hold, on deposit, under control or for safekeeping , any property of the named licensees, SwiftSure Strata Services Inc. and James Gilmore Ramsay, and hold all of that property, or any of it identified in the order, until further direction of the Real Estate Council.
Further, I consider it to be in the public interest to make an Order under section 46(3) requiring the Royal Bank of Canada at No. 3 Road and Cook Road Branch, 6400 #3 Road, Richmond, B.C. to hold all trust funds, securities, term deposits, general accounts and client accounts on deposit for SwiftSure Strata Services Inc., or in the name of SwiftSure Strata Services Inc. until further Order of the Real Estate Council.
TAKE NOTICE that SwiftSure Strata Services Inc. and James Gilmore Ramsay may, pursuant to section 45(6) of the Real Estate Services Act, require a disciplinary hearing to be held by delivering written notice to the Real Estate Council.
Dated at the City of Vancouver, DISCIPLINE COMMITTEE
Province of British Columbia, Allan Corbett
this 16th day of February, 2007. (Member, Discipline Committee)
P: Feb 16, 2007 R:no