| THE REAL ESTATE BROKERS ACT | ) |
Order No. 2487 |
) |
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| Section 11(1) | ) |
November 20, 2003 |
SAUL BENJAMIN ZITZERMAN
WHEREAS:
(A) A hearing ("Hearing") was held by The Manitoba Securities Commission ("Commission") on October 1, 2003 pursuant to a Notice of Hearing dated September 10, 2003 and Statement of Allegations of Staff dated September 10, 2003 as amended by oral amendment on October 1, 2003, to consider:
(i) Whether it is in the public interest to order, pursuant to subsection 11(1) of The Real Estate Brokers Act, that the registration of Saul Benjamin Zitzerman ("Zitzerman") as a salesman under the Act be suspended or cancelled;
(ii) Such further and other matters as counsel may advise and the Commission may permit.
(B) After reading the Notice of Hearing and Statement of Allegations of Staff, as amended, and upon hearing the evidence and submissions of staff and of Zitzerman, the Commission issued Reasons for Decision with respect to the Hearing dated November 14, 2003;
(C) In the opinion of the Commission, it is in the public interest to make this Order.
IT IS ORDERED:
1. THAT, pursuant to subsection 11(1) of the Act, Zitzerman's registration as a salesman under the Act shall be suspended for a period of 6 months, commencing November 20, 2003 to May 20, 2004, both dates inclusive.
2. THAT, after May 20, 2004, in the event that Zitzerman is registered under the Act, Zitzerman’s registration will be subject to the following conditions:(i) Zitzerman will be under the employ of Mycom Group Inc.
(ii) Zitzerman’s registration will include conditions of supervision as determined by the Registrar;
3. THAT if Mycom Group Inc. is not willing to employ Zitzerman after the six month suspension, any application by another real estate broker to hire Zitzerman will be reviewed at a separate hearing of the Commission.
BY ORDER OF THE COMMISSION
Director, Legal and Enforcement