Hearings and Proceedings

Decision Information

Decision Content

THE MANITOBA SECURITIES IN THE MATTER OF: THE REAL ESTATE BROKERS ACT COMMISSION -and-IN THE MATTER OF: LEAD PROPERTY MANAGEMENT INC. NOTICE OF HEARING TAKE NOTICE that The Manitoba Securities Commission ("Commission") will hold a public hearing ("Hearing") at its offices at Room 500 - 400 St. Mary Avenue, Winnipeg, Manitoba on Thursday, the 31st day of July, 2014 commencing at 9:00 o'clock in the forenoon or so soon thereafter as the Hearing can be held, and from day to day thereafter until the Hearing is concluded, to consider: 1. whether pursuant to subsection 39.1 (2) of The Real Estate Brokers Act ("Act"), The Manitoba Real Estate Association Inc. ("MREA") should be ordered to pay out of the Real Estate Reimbursement Fund ("Fund") an amount to such person or to the Commission with respect to the actions of Lead Property Management Inc. ("LEAD") in connection with a trade or transaction in real estate; 2. whether pursuant to subsection 26(6) of the Act, the bank at which LEAD maintained trust accounts should be ordered to continue to hold the balance standing to the credit of the accounts, and any funds subsequently deposited, in accordance with subsection 26(7) ; 3. whether pursuant to subsection 26(11) of the Act, the bank, to which a direction under subsection 26(6) of the Act has been given , should be ordered to pay all or part of the money in the trust account(s) to the Commission; 4. whether pursuant to subsection 26(14) of the Act, the Commission should order the payment of money, which may be held in an account established under subsection 26(12) as a result of an order under subsection 26(11 ), to a person or persons who have first established to the satisfaction of the Commission their entitlement; 5. such further and other matters and the making of such further and other orders as the Commission may deem appropriate. BY REASON OF THE FOLLOWING ALLEGATIONS: Those allegations contained in the Statement of Allegations of staff of the Commission dated the 23rd day of June, 2014.
2 AND FURTHER TAKE NOTICE that a person or company attending or submitting evidence at the Hearing may be represented by counsel of its choice. AND FURTHER TAKE NOTICE that any party to the proceedings may, at the Hearing, call witnesses and submit such evidence relevant to the Hearing as it may wish and , for that purpose, it may obtain from the Acting Director of the Commission at Room 500 - 400 St. Mary Avenue, Winn ipeg , Manitoba, a form or forms of summons to compel the attendance of witnesses. AND FURTHER TAKE NOTICE that upon failure of any party to attend at the time and place aforesaid , the Hearing may proceed in that party's absence and the Commission may make or give any decision or order as though that party were present. DATED at Winnipeg , Manitoba this 23rd day of June, 2014. Acting Director TO: LEAD PROPERTY MANAGEMENT INC. AND TO: THE REAL ESTATE REIMBURSEMENT FUND c/o THE MANITOBA REAL ESTATE ASSOCIATION INC.
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