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IN THE MATTER OF THE REAL ESTATE SERVICES ACT
S.B.C 2004, c.42 as amended

AND

IN THE MATTER OF

TEJWANT DANJOU
(082704)

AND
555797 B.C. LTD. D.B.A

SUTTON GROUP PROACT REALTY
(X026313)

SUSPENSION ORDER UNDER SECTION 45
AND
ORDER TO FREEZE PROPERTY UNDER SECTION 46

Upon reading the Affidavits of Darrin Bean, Senior Auditor and Tony Lam, Auditor both employed by the Real Estate Council of British Columbia sworn July 31, 2018, and upon hearing the submissions of counsel for the Real Estate Council of British Columbia, this Discipline Committee is satisfied that the requirements in section 45(1) of the Real Estate Services Act (RESA) have been met and ORDERS THAT:

  1. There has been conduct on the part of Tejwant Danjou in respect of which a Disciplinary Committee could make an order under section 43 of the Real Estate Services Act (RESA).
  2. There has been conduct on the part of 555797 B.C. LTD. dba Sutton Group Proact Realty (Sutton Group Proact) in respect of which a Disciplinary Committee could make an order under section 43 of the Real Estate Services Act (RESA).
  3. 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 sections 45(2)(a) and (c) of the RESA suspending the licences of Mr. Danjou and Sutton Group Proact effective immediately and Order that they both cease providing any real estate services to or on behalf of any member of the public.

FURTHER, I CONSIDER IT in the public interest to make an Order under section 45(2)(c) that they both cease all dealings with the brokerage bank accounts currently held by Sutton Group Proact including, but not limited to all accounts held at XXXX located at XXXX, BC on deposit for, or in the name of Sutton Group Proact, held solely or jointly including but not limited to:

  1. XXXX account number XXXX;
  2. XXXX account number XXXX; and 
  3. XXXX account number XXXX. 

FURTHER, I CONSIDER IT to be in the public interest to make an Order under section 46(2)(a) and (b) and (3) of the RESA as follows:

  1. Mr. Danjou and/or Sutton Group Proact be prohibited from withdrawing any funds out of the above referred accounts without the consent of the Real Estate Council;
  2. Mr. Danjou and/or Sutton Group Proact hold all property, or any of it identified in the Order that is in the licensees’ possession or control in trust for a receiver or receiver manager whose appointment is to be applied for under section 59 of the Act.

FURTHER, I CONSIDER IT to be in the public interest to make an Order under section 46(3) of the RESA requiring the XXXX located at XXXX, BC to hold any and all accounts, trust accounts, client funds, securities, term deposits, registered savings accounts and/or general accounts on deposit for, or in the name of Sutton Group Proact, held solely or jointly until further order of the Real Estate Council including but not limited to:

  1. XXXX account number XXXX; 
  2. XXXX account number XXXX; and
  3. XXXX account number XXXX.

FURTHER, I CONSIDER IT to be in the public interest to make an Order under section 45(2)(c) of the RESA requiring Sutton Group Proact and/or Mr. Danjou to immediately deliver up all books and records including computer records, accounts, bank records, bank statements, client information, and computers to the Real Estate Council.

TAKE NOTICE that Sutton Group Proact and/or Mr. Danjou may, pursuant to section 45(6) of the RESA, require a disciplinary hearing to be held by delivering written notice to the Real Estate Council.

Dated at the
City of Vancouver,
Province of British Columbia
this 31st day of July, 2018.

DISCIPLINE COMMITTEE
Robert Holmes Q.C.
(Chair)

 

 

Written Reasons (PDF)