Richard William Dean & Lawrence Bruce Mcgillivray, Facilitech Property Management Ltd., Vancouver

Respondent:     RICHARD WILLIAM DEAN
                                               LAWRENCE BRUCE MCGILLIVRAY
                                               FACILITECH PROPERTY MANAGEMENT LTD.

File:   07-117, 07-204, 07-559

Date of Consent Order:   July 14, 2009            

Issue: Richard William Dean, representative, Wynford Realty Group Ltd. dba The Wynford Group, Vancouver, while licensed as a representative with Facilitech Property Management Ltd., Vancouver, entered into a Consent Order with the Council in which he consented to an Order that he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act by contravening section 3(1) of the Real Estate Services Act and section 3-3(1)(c) of the Council Rules by failing to act within the scope of authority by ordering plumbing work without the prior authorization of the strata council.     

Issue: Lawrence Bruce McGillivray, associate broker, Facilitech Property Management Ltd., Vancouver, while licensed as managing broker of Facilitech Property Management Ltd., entered into a Consent Order with the Council in which he consented to an Order that he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he, as managing broker for the brokerage and in contravention of section 6(2) of the Real Estate Services Act: (a) failed to ensure that the brokerage provided the records as required under section 8-7.1(3)(a) of the Council Rules when they were requested by a brokerage providing strata management services to a former client: bank statements, bank reconciliations and a record showing amounts received and disbursed, the reason for the receipt or disbursement and any unexpended balance for the months of January 2006 through March 2007; and invoices paid on behalf of the former client for the months of January, February and March 2006; (b) contravened section 3-1 of the Council Rules in that he, as managing broker of Facilitech Property Management Ltd, when he: (i) was not actively engaged in the management of the said brokerage; (ii) failed to ensure that the said business of the brokerage was carried out competently and in accordance with the Act, Regulations, Rules and/or Bylaws; and (iii) failed to ensure that there was an adequate level of supervision for related associate brokers and representatives who perform duties on behalf of the brokerage when a licensee, Richard William Dean, contravened section 3-3(1)(c) of the Council Rules by failing to act only within the scope of the authority in ordering plumbing work without the prior authorization of the strata council.   

Issue: Facilitech Property Management Ltd., Vancouver, entered into a Consent Order with the Council in which it consented to an Order that it committed professional misconduct within the meaning of section 35(1) of the Real Estate Services Act by contravening section 25 of the Real Estate Services Act in that it:   (a) failed to keep proper books, accounts and other records in accordance with the rules, pursuant to section 25 of the Real Estate Services Act; and (b) did not provide the following records as required under the Act when requested by a brokerage providing strata management services to a former client: bank statements, bank reconciliations, and a record showing amounts received and disbursed, the reason for the receipt or disbursement, and any unexpended balance for the months of January 2006 through March 2007: and invoices paid on behalf of the former client for the months of January, February and March of 2006.   

Result: Richard William Dean was suspended for seven (7) days from August 12, 2009 to August 18, 2009 (inclusive) and was ordered to successfully complete the disciplinary education assignment applicable to Chapter 12 (Law of Agency) of the Strata Management Licensing Course.   

Result: Lawrence Bruce McGillivray was reprimanded, ordered to pay a discipline penalty to the Council in the amount of $2,000.00, and to successfully complete the disciplinary education assignment applicable to Chapter 2 (Mandatory Requirements Under The Real Estate Services Act) of the Broker ’s Licensing Course.   

Result: Facilitech Property Management Ltd. was reprimanded and ordered to pay a discipline penalty to the Council in the amount of $2,000.00.   

Result: Further, Facilitech Property Management Ltd., Richard William Dean and Lawrence Bruce McGillivray are jointly and severally liable to pay enforcement expenses to the Council in the amount of $750.00.  

P: Aug 25, 2009 R:   Aug 25, 2014