UNINCORPORATED ASSOCIATIONS AND CLUBS - Committees - Relations of members to one another

Law360 Canada (June 6, 2023, 5:56 AM EDT) -- Petition by Sandhu for judicial review of the decisions of the Business Practices Committee and Appeal Board (Committee and Appeal Board) of the respondent, finding him in breach of the Canadian Real Estate Association Code of Conduct (Code) and imposing penalties. The decisions related to a complaint against Sandhu as managing broker of a real estate agency and one of his real estate agents (agent). The complaint concerned Sandhu’s arrangements for a substitute managing broker during his medical leave of absence and his involvement in a transaction where his agent represented the vendor. The Committee dismissed two of the three allegations against Sandhu but found one was substantiated. The Appeal Board likewise dismissed the appeal and imposed additional penalties. Sandhu claimed that the decisions constituted oppressive and unfairly prejudicial treatment, contrary to s. 102 of the Societies Act, S.B.C. 2015, c. 18, and that they were procedurally unfair. In the alternative, Sandhu argued that the Fraser Valley Real Estate Board (FVREB) failed to give him adequate notice contrary to s. 70(3)(a) of the Act, which required written notice before disciplining or expelling a member....
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