IN THE MATTER OF:         THE REAL ESTATE BROKERS ACT

 

-and-

 

IN THE MATTER OF:         RAHIM OMAR MIRZA

 

 

 

AMENDED 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 Wednesday, the 23^rd day of August, 2023 commencing at 9:30 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 or not it is in the public interest to order, pursuant to section 11(1) of The Real Estate Brokers Act (“REBA”) or section 59(1) of The Real Estate Services Act (“RESA”) ("Act"), that the registration of Rahim Omar Mirza (“MIRZA”) as a salesman or salesperson under the Legislation Act be suspended or cancelled;

 

2.            whether the Manitoba Real Estate Association Inc. (“MREA”) should be ordered to pay to a person any amount out of the Real Estate Reimbursement Fund under subsection clause 39.1(2)(a) of REBA the Act or subsection 65(2)(a) of RESA pertaining to the actions of MIRZA in connection with a trade or transaction in real estate;  

 

3.            whether pursuant to subsection 34(1) of REBA or subsection 59(1)(e) of RESA the Act it is in the public interest to order that MIRZA pay the costs of the investigation and hearing;

 

4.            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 10^th day of July, 2023.

 

            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 Director of the Commission at Room 500 - 400 St. Mary Avenue, Winnipeg, 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 10^th day of July, 2023.

 

            Amended this 30th day of August, 2023.

 

                                                                                               

 

                                                                                                                                    _

                                                                        Director

 

 

TO:                 RAHIM OMAR MIRZA

 

AND TO:       The Reimbursement Fund

                        c/o The Manitoba Real Estate Association Inc.