IN THE MATTER OF A DISCIPLINE HEARING HELD PURSUANT

TO BY-LAW NO. 10 OF THE REAL ESTATE COUNCIL OF ONTARIO

HELENE AMYOTTE / JACQUES BEDARD /

J.B. MAXIMUM REALTY LTD.o/s PRUDENTIAL MAXIMUM REALTY

Respondents

DATE OF DECISION: January 28, 2004

FINDINGS:
H. Amyotte: In violation of Rules 1(2), 1(5), 10, 21
of the RECO Code of Ethics

J. Bedard: In violation of Rule 43

of the RECO Code of Ethics

Prudential Maximum: In violation of Rules 10, 21, 23 & 43

of the RECO Code of Ethics

PENALTY:

H. Amyotte: Administrative penalty of $3000 payable to RECO

within 90 days of sending this decision.

J. Bedard: Administrative penalty of $500 payable to RECO within

90 days of this decision.

Prudential Maximum: Administrative penalty of $500 payable to RECO within

90 days of this decision.

COSTS AND EXPENSES: Costs of $1000 to be paid jointly and severally within 30
days of sending this decision.

REASONS FOR DECISION

This matter proceeded to the Discipline Committee of the Real Estate Council of Ontario
(“RECO”) on an agreed statement of facts. There is also a joint submission as to penalty.

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The following are the agreed statement of facts with respect to this matter.

1. Ms. Helene Amyotte (“Ms. Amyotte”) is a Member of RECO and a salesperson

registered under the Real Estate and Business Brokers Act R.S.O. 1990, Chapter R-4. (the
“REBBA”). J.B. Maximum Realty Ltd. o/a Prudential Maximum Realty (“Maximum Realty”) is
also a Member of RECO and a broker registered under the REBBA. At all material times, Ms.
Amyotte was an employee of, and conducted business on behalf of Maximum Realty.

2. Registrant A (the “Complainant”) is a Member of RECO and a broker registered under

the REBBA. Broker A is a Member of RECO and a broker registered under the REBBA. At all
material times, the Complainant was an employee of Broker A.

3. On or about February 18, 2003, RECO received a complaint from the Complainant (the
“February 18, 2003 Complaint”). The February 18, 2003 Complaint was in relation to the
advertising activities of Maximum Realty and Ms. Amyotte. Enclosed with the February 18,
2003 Complaint was a copy of a pamphlet advertisement (the “Pamphlet Ad”) of Maximum
Realty and Ms. Amyotte.

A review of the Pamphlet Ad disclosed that:

a) Ms. Amyotte’s name is considerably larger than the name of Maximum Realty;
b) The Pamphlet Ad did not contain the address or phone numbers of Maximum Realty.

4. The Pamphlet Ad also contained the following information:

“As you are probably aware, my group and I have sold countless homes in
Centrepoint we always obtain excellent prices and end up with extremely happy
buyers and sellers …”

I know how much it is of interest to you to know what houses in your area have
been selling for in the recent past, and so I am attaching a list of homes that we
agents sold in Centrepoint in the last several months . . .” [Emphasis added]

5. Attached to the Pamphlet Ad, was a printed page entitled Residential Listings (the Residential
Listings”). The Residential Listings contained a list of 29 properties (the “29 Properties”),
together with details about the 29 Properties. At the bottom of the Pamphlet Ad were the
words:
“ © Copyright, Ottawa HELEN AMYOTTE - the Amyotte group”

6. Some of the pertinent information on the Residential Listings contained the municipal address
of various properties together with the listing brokerage name (only) and the selling brokerage
name (only) for each of the properties listed.

7. None of the 29 Properties in the Residential Listings were either listed or sold by Maximum
Realty, Ms. Amyotte or Amyotte group.

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A. Accordingly, Ms. Amyotte acted unprofessionally when she:
i. Ran an advertisement in which her name was more prominent than the name
of Maximum Realty;
ii. Ran an advertisement in which she did not include the address or the phone
number of Maximum Realty;
iii. Ran a misleading advertisement headed “Helen Amyotte Group We’ve just
sold” and then attaching a list of 29 Properties to the Pamphlet Ad, when none
of the 29 properties were either listed or sold by Ms. Amyotte or the Amyotte
group.

Thereby breaching the following Rules of the RECO Code of Ethics:

Rule 1(2) - Ethical Behaviour - A Member shall endeavour to protect the public from fraud,
misrepresentation or unethical practice in connection with real estate transactions.

Rule 1(5) - Ethical Behaviour - A Member shall deal fairly, honestly and with integrity with the
public, other Members and third parties.

Rule 10 - Misrepresentation or Falsification - A Member shall not make any statement or

participate in the creation of any document or statement that the Member knows or ought to
know is false or misleading.

Rule 21 - Advertising - A Member shall ensure that all advertising and promotion by or on
behalf of the Member, including for Properties and services, is not false, misleading or deceptive.

B. Accordingly Mr. Jacques Bedard, as the Principal Broker and the operating mind of
Maximum Realty, acted unprofessionally when he:
i. Permitted Maximum Realty and Ms. Amyotte to place a Pamphlet Ad in which
Ms. Amyotte’s name was more prominent than the name of Maximum Realty;
ii. Permitted Maximum Realty and Ms. Amyotte to disseminate false and misleading
information by attaching the list of 29 Properties to the Pamphlet Ad, when none
of the 29 Properties was either listed or sold by Maximum Realty or Ms. Amyotte
or her group ;
iii. Permitted Maximum Realty and Ms. Amyotte to place a Pamphlet Ad that did not
contain the address or phone number of Maximum Realty.

Thereby breaching the following Rules of the RECO Code of Ethics:

Rule 43 - Broker Responsibility - A broker shall be responsible for the professional conduct
and professional actions of those Members registered with that broker.

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C. Accordingly Maximum Realty as the employer of Ms. Amyotte acted
unprofessionally when it:
i. Placed or permitted Ms. Amyotte to place a Pamphlet Ad in which Ms.
Amyotte’s name was more prominent than the name of Maximum Realty;
ii. Disseminated or permitted Ms. Amyotte to disseminate false and
misleading information by attaching the list of 29 Properties to the
Pamphlet Ad, when none of the 29 Properties was either listed or sold by
Maximum Realty or Ms. Amyotte or her group;
iii. Placed or permitted Ms. Amyotte to place a Pamphlet Ad that did not
contain the phone number of Maximum Realty.

Thereby breaching the following Rules of the RECO Code of Ethics:

Rule 10 - Misrepresentation or Falsification - A Member shall not make any statement

or participate in the creation of any document or statement that the Member knows or
ought to know is false or misleading.

Rule 21 - Advertising - A Member shall ensure that all advertising and promotion by or
on behalf of the Member, including for Properties and services, is not false, misleading or
deceptive.

Rule 23 - Obedience to Law - A member shall practice in accordance with all federal,
territorial or provincial law or municipal by-law relevant to the member’s fitness to
practice.

Rule 43 - Broker Responsibility - A broker shall be responsible for the professional

conduct and professional actions of those Members registered with that broker.

Given there has been an agreement on facts and the violations of the above rules have
been made out, there was a joint recommendation that Ms. Amyotte be ordered to pay a
penalty of $3,000 within 90 days of the decision of the Discipline Committee. It was also
recommended that there be costs ordered in the amount of $500, within 30 days of the
decision of the Discipline Committee.

As with the other branch of this case, involving Mr. Bedard and J.B. Maximum Realty
Ltd., we are of the view that the joint recommendation is acceptable under the
circumstances. Therefore, it is recommended as suggested in the joint recommendation.
As a result of the above, the combined effect of all of the parties is as follows:

1. Mr. Bedard be ordered to pay a penalty of $500 within 90 days of the

decision of the Discipline Committee;

2. J.B. Maximum Realty Ltd. o/a Prudential Maximum Realty be ordered to

pay a penalty of $500 within 90 days of the decision of the Discipline
Committee;

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 3. Mr. Bedard and J.B. Maximum Realty Ltd. o/a Prudential Maximum
Realty, jointly and severally, be ordered to pay costs of $500, payable
within 30 days of the decision of the Discipline committee.

4. With respect to Ms. Amyotte, she be ordered to pay a penalty of $3,000

within 90 days of the decision of the Discipline Committee;

5. Ms. Amyotte is also ordered to pay $500, within 30 days of the decision of
the Discipline Committee.

Based upon the agreed upon facts and the joint recommendation as to penalty, this Panel
of the Discipline Committee accepts the joint recommendation as above.

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