REAL ESTATE COUNCIL OF BRITISH COLUMBIA
In the matter of the Real Estate Act
R.S.B.C. 1996, c. 397 As Amended
AND in the matter of a Disciplinary Hearing held pursuant to Section 41 of the Real Estate Services Act
Respondent: STEVEN DONALD CORMACK
SUN VALLEY STRATA MANAGEMENT
File: 497-06
Date of Hearing: August 27, 2007
Date of Council Decision: September 12, 2007
Complaint:
Contravention of sections 6(2)(b) 35(1)(a) of the Real Estate Services Act, sections 3-1(1)(a) and (b), 3-1(3) and 7-7(1)(b) of the Council Rules/Professional misconduct, managing broker responsibilities, failure to file Accountant ’s Report
Issue:
White Star Lodging Company Ltd. dba Sun Valley Strata Management, Big White, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act by contravening section 7-7(1)(b) of the Council Rules in that it failed to file an Accountant ’s Report with the Council by the prescribed date.
Issue:
Steven Donald Cormack, managing broker, White Star Lodging Company Ltd. dba Sun Valley Strata Management, Big White, committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act by contravening section 6(2)(b) of the Real Estate Services Act in that he failed to fulfill his responsibilities as managing broker for the performance of the duties imposed on the brokerage by its licence; and sections 3-1(1)(a) and (b), and 3-1(3) of the Council Rules in that he failed to ensure that the said Accountant ’s Report was filed with the Council by the prescribed date.
Result:
White Star Lodging Company Ltd. dba Sun Valley Strata Management was suspended for sixty (60) days from September 27, 2007 to November 26, 2007 (inclusive) for the contravention described above. If the Accountant ’s Report is received before September 27, 2007, then White Star Lodging Company Ltd. dba Sun Valley Strata Management shall be reprimanded. If the Accountant ’s Report is not received by November 26, 2007, then the licence of White Star Lodging Company Ltd. dba Sun Valley Strata Management shall be cancelled, effective November 27, 2007. In addition, as a condition of continued licensing, White Star Lodging Company Ltd. dba Sun Valley Strata Management and Steven Donald Cormack are jointly and severally liable to pay enforcement expenses to the Council in the amount of $1,288.60.
Result: Steven Donald Cormack, managing broker for White Star Lodging Company Ltd. dba Sun Valley Strata Management, was reprimanded for professional misconduct as described above. In addition, as a condition of continued licensing, Steven Donald Cormack and White Star Lodging Company Ltd. dba Sun Valley Strata Management are jointly and severally liable to pay enforcement expenses to the Council in the amount of $1,288.60.
P: Oct 10, 2007 R: Oct 10, 2012