registrant under the RESA. In so doing, the Commission must be satisfied that making the orders is in the public interest.
44. The Panel was directed to several decisions, including the decision of the British Columbia Court of Appeal in Scott v College of Massage Therapists of British Columbia 2016 BCCA 180 and to a decision of the BC Financial Services Authority in Bal (Re), 2025 BCSRE 174.
45. It is important to note that this Panel is not making any decision as to the merits of the allegations; that will take place at the hearing of the matter.
46. The issues before the Panel are: a. Is there a prima facie case that supports a conclusion that the Respondents (being registrants or those whose actions require registration under the RESA) have contravened or about to contravene the RESA or the
Regulation? and b. Are we satisfied that it is in the public interest to issue the orders sought under the relevant sections of the RESA?
47. The Panel has determined that the evidence presented, and set out in detail above, has established a prima facie case that the Respondents have contravened one or more of the following provisions of the RESA, including but not limited to; a. Section 8(1); all registrants must be registered with a brokerage and engaged by it; b. Sections 30 and 31; disclosure requirements, including no remuneration permitted when trading with own client; c. Section 34(a); furnishing false or deceptive information; d. Section 44; deceptive dealing; e. Section 46(2); conduct unbecoming a registrant; f. Section 46(1); Professional misconduct; g. Section 82(1); Prohibited remuneration; h. Section 82(2) the recovery of remuneration by an unregistered person (individual or company).
48. Additionally, the Panel has determined that the evidence presented, and set out above, established a prima facie case that the Respondents have contravened one or more of the following provisions of the Regulation, including but not limited to; a. Section 4.1; restriction on purchasing by a registrant (including on behalf of a person related as defined in section 4.16); and b. Section 4.13; failure to provide the required disclosure to brokerage.
Page 9 of 10