Real Estate Services Act: A Case Study on Tribunal Decision Analysis

This case study examines a tribunal decision concerning Ryan Gurinder Rana and Ryan Rana Personal Real Estate Corporation under the Real Estate Services Act (RESA). The case revolves around allegations of misconduct, specifically related to deceiving the council regarding educational requirements for licensing. The analysis identifies issues of administrative fairness in the tribunal's decision, particularly concerning the lack of a hearing and proper notice to Ryan Rana. The study evaluates the tribunal's actions against administrative law principles, including limited power, natural justice, and procedural fairness. It suggests that the tribunal's decision may be vulnerable to challenge due to violations of natural justice rules. The analysis proposes corrective measures to align the process with the requirements of the RESA, such as providing proper notice and conducting a fair hearing. The document concludes that while the committee was able to identify the misconduct of Ryan Rana and suspend his license, deductions should have been made as per the Real Estate Services Act because the misconduct was being accepted by Ryan Rana. Desklib provides a platform for students to access similar case studies and solved assignments.

Civil Law
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Table of Contents
Introduction................................................................................................................................3
Main Context..............................................................................................................................3
Issues of administrative fairness.............................................................................................3
Examining the decisions of the tribunal.................................................................................5
Addressing the issue...............................................................................................................6
Conclusion..................................................................................................................................7
References..................................................................................................................................8
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Introduction
Administrative law can be referred to as the operational constraints and principles that are
being applied to government decision making. It consists of rules and regulations that allow
the government to implement policy fairly as per the rule of law. The primary concern of the
law is the accountability of the public authority to ensure that it is exercised reasonably and
fairly. In the given case, the council was being deceived by Ryan Gurinder Rana as to his
compliance with the educational requirements of the council. Ryan Gurinder Rana arranged
someone else for writing the licensing examination. On the licensing application, he depicted
that the examination was passed by him. The actions were determined to be misconduct as
per the license under section 35 (2) of the Real Estate Services Act. Ryan Gurinder Rana
made a misleading or false statement on the application by depicting that the examination
was passed by him (Fact Pattern).
Main Context
Issues of administrative fairness
On 20 April of 2016, the license of Ryan GurinderRana and Ryan Rana Personal Real State
Corporation had been suspended under the section of 45(2) of the Real Estate Service Act
with immediate effect. The client of Ryan GurinderRana and Ryan Rana Personal Real State
Corporation had chosen to work with an organization that had a license, they trusted on the
brand. The clients thought that they were dealing with professionals with a definite level of
skills, ethics, and expertise. Ryan GurinderRana and Ryan Rana had violated the regulation
of Licencing examination (Fact Pattern). It is an integral and fundamental part of the
legislation which has been designed to protect the citizens of Canada by giving assurance of
licenses with a basic threshold of competence and knowledge. The Committee found that
RayanRana misleading Sauder Real Estate Division. David Moor had stated that the person
who came for the examination on November 26, 2015, was not matching with the photo on
BC Driver's license and recent passport size photo attached on the Examination admission
ticket.
The person who was claiming to be Ryan Rana was not beingpermitted to give the
Examination. But just after four days on November 30, 2015, the person showed up again
with an affidavit which was stating that his legal name was RayanGurinderRana and the
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photo which was attached of the Examination ticket was taken on November 26, 2015. This
affidavit was to prove that the affiant was Ryan Rana. Mr.Mooore and Sauder Real Estate left
with no choice except allowing Ryan Rana to writhe the Licence Examination. Later it was
found out that the person who appeared for the examination was not Ryan Rana but one of
his known people. The recording of phone call and the statement of Ms. DeFoy was good
enough for the committee (Real Estate Services Act, 2018). The Committee had enough
evidence to make an order under section 43 of the RESA and according to it, Ryan Rana had
committed professional misconduct contrary to section 35(1)(a) of the RESA. Ryan Rana
found engaged misleading Sauder Real Estate Division, under the section 35(1) of the RESA
and also made false misleading statements in his application for licensing contrary under the
sections 35(1)(g) and 10 of the RESA and section 2-8 of the Council Rules.
These were the issues of administrative fairness. Ryan Rana has admitted his misconduct and
also surrendered his Real State license to Council on April 2016. The decision seems to be
unfair, despite his acknowledgment of the misconduct the Council was bound to alert the
public about the misconduct of Ryan GurinderRana and Ryan Rana Personal Real State
Corporation which is defiantly going to affect his business and reputation. The Council was
also bound by section 47 of the RESA which made the Council publish the copy of the order
with the reason.
Examining the decisions of tribunal
Ryan GurinderRana accepted that the licensing examination was not written to him and he
appointed someone else for writing it. The case was taken by the Council despite the
acceptance of the misconduct by Ryan Rana and surrender of his licenses. However, the
council was concerned about its authority under Rana Personal Real Estate Corporation for
notifying people regarding the conduct of Ryan Rana under section 43 of RESA (Fact
Pattern). The case submitted on the basis of the affidavit evidence provided by Mr. Moore
and Ms.DeFoy in order to meet the criteria under section 45. As per the law, the council
informed the public about the cancellation of license of Ryan Rana and also stated the
reasons for the cancellation.
The committee considered the case on the basis of the affidavit evidence and acceptance of
the case by the council. The main objective of the committee was to protect the public
interest. Apart from this, it is being found that when the clients want to work with the license
then they trust that they were working with the professions having a certain level of ethics,
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expertise, and skill (Zubacz, 2010). The licensing examination is included in the licensing
process which is the integral and fundamental aspect of the legislative scheme developed for
protecting the public on the basis of ensuring that the licensee has a basic competence and
knowledge.
The committee identified that any commissions which were being earned from the
transactions of real estate during that time need to be returned to the clients. An additional
fine of amount $10,000 was also imposed on Ryan Rana. Ryan Rana deceived the council as
he did not comply with the educational requirements, acted in a contrary and detrimental
manner affecting the public interest and deprived the protection of the public. It was being
found that Ryan Rana under section 43 carried out misconduct as per the sections 35 (1) (a).
Ryan was engaged in the deceptive dealing as per section 35 (1)(c) and made a misleading or
false statement as per the sections 35 (1) (g), 24 (10) and (1) of RESA and sections 2-8 of
Council Rules.
Addressing the issue
The case of Ryan GurinderRana and Ryan Rana Personal Real State Corporation required
evaluation through three administrative law principles. These principles govern the Real State
Service Act and the first principle is “all tribunal has limited power, second “nature justice
rule must be followed, and the third on is lean toward procedural fairness above substantive
correction. Nature justice is also from one of the rules of the hearing process. According to
this rule, if an entity can cancel the right of practice, this rule allows the affected individual to
make their case. This is the rule which was violated during the case of Ryan Rana. The
Committee had declined the request for hearing and instead to this held an ex parte hearing.
The committee had ordered to cancel the license of Ryan Rana on behalf of the affidavits of
CamrenDeFoy Moore and hearing was submitted from legal counsel for the council. The
other nature justice rule was violated which was related to notice. According to this rule, the
affected person must receive a notice (Nanda, Clapp &Pancak, 2015).. Even according to
Real State Service Act under section 40, the affected person should receive a notice about the
affected license in order to carry out the investigation. If a licensee receives a notice under
section 40 may send a written proposal to the real state council stating that licensee’s consent
to discipline committee conducting an order by following section 43. According to section
42, if a notice of a discipline has been submitted by following section 40 (3), the discipline
committee requires to move with the discipline hearing. In this case, Ryan did not receive any
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notice about the license issued under section 40 of the Real Estate Service act. Furthermore,
the Real State council did not receive any written consent from Rayan that he is giving
permission to the discipline committee for making an order under section 43 and section 41
of the Real State Service Act (Fact Pattern).
In order to correct the above-mentioned mistakes, certain changes are required to be done. As
per section 40, Ryan must have received a notice from real state council stating that a hearing
by a discipline committee is to be held for the affected license. The issue was related to
discipline and the case was submitted discipline committee to make an order under the
section 43 of the RESA as the crime committed by Ryan was related to professional
misconduct under the section 35(1)(a) of the RESA. Ryan Rana found engaged misleading
Sauder Real Estate Division, under the section 35(1) of the RESA and also made false
misleading statements in his application for licensing contrary under the sections 35(1)(g) and
10 of the RESA and section 2-8 of the Council Rules.
Conclusion
The administrative law needs to be followed by government organizations in order to ensure
fairness in their decisions. The committee was being able to identify the misconduct of Ryan
Rana and suspended his license as per section 45 of RESA. Apart from this, penalties were
imposed on him but deductions should have been made as per the Real Estate Services Act
because the misconduct was being accepted by Ryan Rana.
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References
Real Estate Services Act. (2018). Real Estate Services Act. Retrieved from
http://www.bclaws.ca/civix/document/id/complete/statreg/04042_01
Fact Pattern. In The Matter Of The Real Estate Services Act Ryan GurinderRana Ryan Rana
Personal Real Estate Corporation - Pdf. Retrieved from http://docplayer.net/48685384-
In-the-matter-of-the-real-estate-services-act-ryan-gurinder-rana-ryan-rana-personal-real-
estate-corporation.html
Nanda, A., Clapp, J., &Pancak, K. (2015). Do Laws Influence the Cost of Real Estate
Brokerage Services? A State Fixed Effects Approach. Real Estate Economics, 44(4),
918-967. doi: 10.1111/1540-6229.12124
Zubacz, G. (2010). The sacramental seal of confession from the Canadian civil law
perspective(3rd ed.). Ottawa: Library and Archives Canada = Bibliothèqueet Archives
Canada.
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