33-07-1008

Licence number

B2842

Broker's name

Cassoff, Lorne

Decision

Notice of suspension and limitation of the certificate of Mr. Lorne Cassoff

(File: 33-07-1008)

NOTICE is hereby given that Mr. Lorne Cassoff, chartered real estate agent (Certificate No. B2842), formerly employed by or authorized to act on behalf of Commerce Immeuble Actif Inc. / Active Business & Realty Inc., chartered real estate broker (A2394), whose establishment is located at 2340, ch. Lucerne, suite 26, in Mont-Royal, has been found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du Québec, notably of the offences summarized below:

1st count: On or about November 1st, 2005, concerning a transaction regarding a company, failing to demonstrate integrity, committing an act that is derogatory to the honour and dignity of the profession, participating in an act or practice in real estate matters which may be illegal or which may cause prejudice to the public or to the profession, appropriating, without entitlement, sums of money that should have been held in the trust account of the chartered real estate broker, or using sums of money for purposes other than those for which they were entrusted in the course of his activities, namely by:

a) not depositing in the trust account of the chartered real estate broker, the amount of $10,000, received on behalf of the vendor, in the course of his activities, or by giving instructions to that effect;

b) depositing in the business account, the amount of $10,000, received on behalf of the vendor, in the course of his activities or by instructions to that effect;

the whole contrary to section 11 of the Real Estate Brokerage Act and section 13 of the Rules of Professional Ethics of the ACAIQ.

3rd count: On or about August 15th, 2006, concerning a transaction regarding a company, misrepresenting the information provided during an inquiry conducted by an assistant syndic, namely:

a) by making false and/or contradictory statements to three assistant syndic regarding the deposit of $10,000, namely:

i) on or about August 15th, 2006, by stating to an assistant syndic that ''in order to reinforce this motivation and remunerate his work he endorsed the check of $10,000 representing the deposit made on the vendor offer, and said sum was remitted to the vendor in accordance with the agreement of the buyer'';

ii) on or about October 25th, 2006, by stating to two assistant syndic that ''this check was deposited in my personal account at the bank and I gave certain amount to the vendor to facilitate the transaction. The amount given to him was five thousand dollars, the same day I made the deposit'';

the whole contrary to section 55 of the Rules of Professional Ethics of the ACAIQ.

On February 24, 2009, the Discipline Committee ordered a suspension of Mr. Lorne Cassoff’s certificate for a period of nine (9) months on count No. 1 of the complaint, a suspension for a consecutive period of forty-five (45) days on count No. 3 a)i, and a suspension for a consecutive period of forty-five (45) days on count No. 3 a)ii. Also ordered that Defendant be forbidden to be designated as member representative or manager/director of any real estate brokerage firm and forbade that Defendant be designated as an authorized signatory for any document related to a trust account of any chartered real estate broker for the duration of the three periods of suspension ordered hereinabove.

The decision of the Discipline Committee is enforceable from the date of the expiration of the time limit to appeal, i.e. March 31st, 2009. The suspension of Mr. Lorne Cassoff’s chartered real estate broker’s certificate and the limitation of some of his activities are therefore effective as of March 31st, 2009 for a total period of nine (9) months and ninety (90) days.

(File: 33-08-1090)

1st count: On or about June 28th, 2006, concerning a transaction relating to the assets of a seller, appropriating, without entitlement, sums of money or using sums of money for purposes other than those for which they were entrusted to him in the practice of his profession, by depositing or authorizing that be deposited in the business chequing account of his chartered real estate broker an amount of $10,000 he had received on behalf of the vendor;

3rd count: On or about August 18th, 2006, concerning a transaction relating to the assets of a seller, appropriating, without entitlement, sums of money or using sums of money for purposes other than those for which they were entrusted to him in the practice of his profession, by making or authorizing an illegal and premature withdrawal of an amount of $15,000, which had been received on behalf of the vendor, from the trust account of the chartered real estate broker;

4th count: On or about November 23rd, 2005, concerning a transaction relating to the assets of a seller, appropriating, without entitlement, sums of money or using sums of money for purposes other than those for which they were entrusted to him in the practice of his profession, by making or authorizing an illegal and premature withdrawal of an amount of $10,000, which had been received on behalf of the vendor, from the trust account of the chartered real estate broker;

5th count: On or about March 17th, 2006, concerning a transaction relating to the assets of a seller, appropriating, without entitlement, sums of money or using sums of money for purposes other than those for which they were entrusted to him in the practice of his profession, by making or authorizing an illegal and premature withdrawal of an amount of $10,000, which had been received on behalf of the vendor, from the trust account of the chartered real estate broker;

6th count: On or about July 25th, 2006, concerning a transaction relating to the assets of a seller, appropriating, without entitlement, sums of money or using sums of money for purposes other than those for which they were entrusted to him in the practice of his profession, by making or authorizing an illegal and premature withdrawal of an amount of $5,000, which had been received on behalf of the vendor, from the trust account of the chartered real estate broker;

7th count: On or about November 6th, 2006, concerning a transaction relating to the assets of a seller, appropriating, without entitlement, sums of money or using sums of money for purposes other than those for which they were entrusted to him in the practice of his profession, by making or authorizing an illegal and premature withdrawal of an amount of $20,000, which had been received on behalf of the vendor, from the trust account of the chartered real estate broker;

the whole contrary to section 11 of the Real Estate Brokerage Act and sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.

8th count: Following October 29th, 2007, failing to provide plaintiff with the Transaction Register of the chartered real estate broker for the November 2005 – December 2006 period, as requested by plaintiff and as defendant undertook to do so;

the whole contrary to sections 54 and 56 of the Rules of Professional Ethics of the ACAIQ.

On March 11, 2009, the Discipline Committee ordered a suspension of Mr. Lorne Cassoff’s certificate for a period of five (5) months on count No. 1 of the complaint, a suspension for periods of five (5) months each on counts Nos. 3, 4, 5, 6 and 7, to be served concurrently, and a suspension for a consecutive period of one (1) month on count No. 8. Also ordered that Defendant be forbidden, permanently, to be designated as member representative or manager/director or assistant manager/director of any real estate brokerage firm and forbade that Defendant be designated as an authorized signatory for any document related to transactions in a trust account of any chartered real estate broker.

The decision of the Discipline Committee is enforceable from the date of the expiration of the time limit to appeal, i.e. April 16th, 2009. The suspension of Mr. Lorne Cassoff’s chartered real estate broker’s certificate, for a period of six (6) months will be effective consecutively of any other suspension, and the limitation of some of his activities are effective as of April 16th, 2009, permanently.

(File: 33-08-1160)

1st count: Between on or about July 6th, 2007 and on or about August 8th, 2007, failing to respect the undertaking previously made and signed on February 21st, 2007, in the ''Declaration concerning the absence of trust account transactions'' concerning the opening and the maintaining of a trust account if he would receive sums on behalf of others in the course of his real estate brokerage activities, when receiving said sums related to two transactions;

the whole contrary to sections 1 and 13 of Rules of Professional Ethics of the ACAIQ.

2nd count: Appropriating, without entitlement, sums of money or using sums of money for purposes other than those for which they were entrusted to him in the practice of his profession, namely by having the following sums, received on behalf of others in the course of his activities, deposited in a business account:

a) on or about July 6th, 2007 concerning a transaction related to a company, a sum of $5,000;

b) on or about July 25th, 2007, concerning a transaction related to a company, a sum of $10,000;

c) on or about August 8th, 2007, concerning the same transaction specified in paragraph b, an additional sum of $10,000;

the whole contrary to sections 11 and 12 of the Real Estate Brokerage Act and sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.

On March 25, 2009, the Discipline Committee ordered a suspension of Mr. Lorne Cassoff’s certificate for a period of four (4) months on count No. 1 of the complaint and a suspension for a concurrent period of four (4) months on count No. 2. Also ordered that Defendant be forbidden, permanently, to be designated as member representative or manager/director or assistant manager/director of any real estate brokerage firm or as an authorized signatory for any documents related to transactions in a trust account.

The decision of the Discipline Committee is enforceable from the date of the expiration of the time limit to appeal, i.e. April 28th, 2009. The suspension of Mr. Lorne Cassoff’s chartered real estate broker’s certificate, for a period of four (4) months will be consecutive to any other suspension, and the limitation of some of his activities are effective as of April 28th, 2009, permanently.

These notices are given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).

Brossard, April 28th, 2009

Chantal Peltier

Discipline Committee Secretary

Please wait...

33-07-1008

Licence number

Broker's name

Decision

The Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) ensures the protection of members of the public who enlist the services of real estate brokerage professionals governed by the Real Estate Brokerage Act.