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IN THE MATTER OF THE REAL ESTATE SERVICES ACT,

 

[SBC 2004] CHAPTER 42 AS AMENDED

-AND-

IN THE MATTER OF ROBIN ANDREW BROWN (164270)

-AND-

IN THE MATTER OF ROB BROWN & ASSOCIATES CORP. (X033795)

 

ORDER

Upon reading the Affidavit of Kasey Spracklin affirmed March 12, 2019 and hearing the submissions of Patrick Gilligan-Hackett, counsel for the Real Estate Council of British Columbia (“Council”), this Discipline Committee considers that the requirements of section 45(1) of the Real Estate Services Act (RESA) have been met:

  1. There has been conduct on the part of Robin Andrew Brown in respect of which a discipline committee could make an order under section 43 of the RESA.
  2. There has been conduct on the part of Rob Brown & Associates Corp. in respect of which a discipline committee could make an order under section 43 of the RESA.
  3. In each case, the length of time that would be required to complete an investigation or hold a disciplinary hearing, or both in order to make such an order would be detrimental to the public interest.
  4. It is in the public interest to make an order under section 45 of the RESA against Robin Andrew Brown.
  5. It is in the public interest to make an order under section 45 of the RESA against Rob Brown & Associates Corp.

THEREFORE, I ORDER:

  1. under section 45(2)(a) of the RESA, that the licence of Robin Andrew Brown, being licence number 164270, is suspended;
  2. under section 45(2)(a) of the RESA, that the licence of Rob Brown & Associates Corp., being licence number X033795, is suspended; and
  3. under section 45(2)(c) of the RESA, that Robin Andrew Brown and Rob Brown & Associates Corp. cease providing real estate services to any member of the public;

all with immediate effect and until such time as a further order is made by a discipline committee of the Council.

FURTHER, I ORDER:

  1. under section 45(2)(c) of the RESA that Robin Andrew Brown and Rob Brown & Associates Corp. cease all dealings with the bank accounts currently held by Rob Brown & Associates Corp. on deposit for or in the name of Rob Brown & Associates Corp. and whether held solely or jointly including without limitation the following bank accounts located at XXXX, Victoria, BC:
    1. account number XXXXXX (General Trust)
    2. account number XXXXXX (General Business)
    3. account number XXXXXX (Commission Trust)
      with immediate effect and until such time as a further order is made by a discipline committee of the Council; and
  2. under section 45(2)(c) of the RESA that Robin Andrew Brown and Rob Brown & Associates Corp. deliver forthwith all books and records in the possession or control of either of them and whether in electronic or paper form related to their provision of real estate services including without limitation accounts and books of account, bank records, bank statements, and client information to the Council at its offices located at Suite 900, 750 West Pender Street, Vancouver, BC.

FURTHER, I CONSIDER IT TO BE IN THE PUBLIC INTEREST TO ORDER:

  1. under section 46(2)(a) of the RESA that Robin Andrew Brown and Rob Brown & Associates Corp. be prohibited from withdrawing any funds from the bank accounts currently held by Rob Brown & Associates Corp. on deposit for or in the name of Rob Brown & Associates Corp. and whether held solely or jointly including without limitation the following bank accounts located at XXXXX, Victoria, BC:
    1. account number XXXXXX (General Trust)
    2. account number XXXXXX (General Business)
    3. account number XXXXXX (Commission Trust)
      with immediate effect and until such time as a further Order is made by a discipline committee of the Council or a court; and
  2. under section 46(3) of the RESA that XXXX hold any and all accounts including without limitation trust accounts, current accounts, general accounts, savings accounts, investment accounts, client funds, securities, term deposits, and registered savings accounts held on deposit for or in the name of Rob Brown & Associates Corp., whether solely or jointly, and including without limitation the following accounts held at XXXXX, Victoria, BC:
    1. account number XXXXXX (General Trust)
    2. account number XXXXXX (General Business)
    3. account number XXXXXX (Commission Trust)

with immediate effect and until such time as a further Order is made by a discipline committee of the Council or a court.

TAKE NOTICE that under section 45(6) of the RESA Robin Andrew Brown and Rob Brown & Associates Corp. may require a discipline hearing to be held by delivering written notice of this requirement to the Council at its offices at Suite 900, 750 West Pender Street, Vancouver, BC.

This order is made on March 13, 2019 at Vancouver, BC.

“Elana Mignosa”

____________________________________________

Elana Mignosa, Discipline Committee

Read the Written Reasons (PDF)