REAL ESTATE COUNCIL OF BRITISH COLUMBIA
In the matter of the Real Estate Services Act
S.B.C. 2004 ch. 42
AND in the matter of a Consent Order pursuant to Section 41 of the Real Estate Services Act
Respondent: EVELINA ORTYNSKI
File: 08-382 and 08-510
Date of Consent Order: April 8, 2010
Issue: Evelina Ortynski, currently unlicensed, entered into a Consent Order with the Council in which she consented to an Order that, while licensed as a representative with Stern Realty (1994) Ltd. dba Coldwell Banker Premier Realty, Vancouver, she committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that: (a) in the rental of a Property: (i) contrary to section 3(1)(a) of the Real Estate Services Act, she provided rental property management services when she was not licensed to do so, and was not exempted under section 9-1 of the Council Rules from the application of the Real Estate Services Act and the Council Rules to those services; (ii) contrary to section 7(3)(a) of the Real Estate Services Act, she provided real estate services other than on behalf of the brokerage in relation to which she was licensed, and was not exempted under 9-1 of the Council Rules from the application of the Real Estate Services Act and the Council Rules to those services; and (iii) contrary to section 7(3)(b) of the Real Estate Services Act, she was either entitled to or accepted remuneration in relation to real estate services from a person other than the brokerage in relation to which she was licensed, and was not exempted under section 9-1 of the Council Rules from the application of the Real Estate Services Act and the Council Rules to those services; (b) in the provision of real estate services by Ms. Ortynski through her website: (i) contrary to section 3(1)(a) of the Real Estate Services Act, she provided rental property management services when she was not licensed to do so; and (ii) contrary to section 35(1)(d) of the Real Estate Services Act, she demonstrated incompetence in that she advertised her assistant, ND, as “a Real Estate investor/manager and business owner for many years ” and represented that ND could “respond to any of their questions ” and, being fluent in French, could “be of assistance to the people whom (sic) prefer to conduct their real estate transactions in French ” all of which made it appear that ND was licensed to provide real estate services when she was not; and (c) in the provision of real estate services by Ms. Ortynski through her website and in the provision of real estate services by Ms. Ortynski generally through her company Malibu: (i) contrary to section 3(1)(a) of the Real Estate Services Act, she provided rental property management services when she was not licensed to do so; (ii) contrary to section 7(3)(a) of the Real Estate Services Act, she provided real estate services other than on behalf of the brokerage in relation to which she was licensed; and (iii) contrary to section 7(3)(b) of the Real Estate Services Act, she was either entitled to or accepted remuneration in relation to real estate services from a person other than the brokerage in relation to which she was licensed.
Result: Evelina Ortynski was ordered not to make an application for relicensing at any level for a period of fourteen (14) days of the date of the Order, which is from April 8, 2010 to April 21, 2010 (inclusive) and she was ordered to successfully complete the Trading Services Remedial Education Course, and pay enforcement expenses to the Council in the amount of $1,000.00.
P: May 18, 2010 R: May 18, 2015