Vicki Wang was found to have lent money to customers as deposits and was ordered to pay approximately $28,000 and undergo remedial education.
A real estate agent who was fined $28,000 for misconduct has accused lawyers in the case of engaging in “unwarranted and unwarranted conclusions” based on “weak and questionable evidence.”
Last June, Vancouver real estate agent Vicki Wang filed a claim for $1.5 million in damages in BC Supreme Court in Vancouver against BC Financial Services Authority (BCFSA) senior legal advisor Kathleen Davis.
Wang claimed in her lawsuit that she had been “bullied and discriminated against by those in power.”
She said Mr Davies exercised “strong” and “aggressive” influence over the decision-making process, which resulted in BCFSA hearing officer Andrew Pendley's decision to purchase the Blundell Road property in May 2023. The lawsuit alleges that he committed professional misconduct by lending $50,000 to a customer for the benefit of his client.
In 2017, the complainant mistakenly issued a notice of disciplinary hearing alleging that Wang took out a loan on a property on West 48th Street in Vancouver, when it was actually a property on Blundell Road. It alleged that he made “controversial, questionable, false statements and intentional charges” during the year. And in 2018.
She claimed she had had a “close friendship for eight years” with the complainant and that there was no loan agreement to prove she was owed $50,000.
BCFSA ultimately amended the address of the property in question to Blundell's property in the Fifth Amended Notice of Disciplinary Hearing issued in January 2023.
Wang also said that Davis' approach “convicts (her) of wrongdoing based on (Davis') assumed, misleading, and twisted story, rather than based on investigated facts and evidence.” The claim was that the government had “actively pressured and influenced the government”.
Wang said Davis asked her on four separate occasions to sign a contract for a compulsory education course in Ontario that was “10 times more expensive” than a course at UBC Sauder School of Business. It is said that
She also found problems with Davis' witnesses, who were unable to “provide reliable evidence” on this issue. One is an investigator who joined the company in July 2021 and “didn't have the opportunity to be involved in the investigation,” and the other is a broker who left Sutton West Coast Realty and had access to the broker's documents. “I was unable to get involved in the investigation,'' he testified. I don't remember the details of her two transactions from seven years ago. ”
Wang alleges in the lawsuit that Davis' “misjudgment, improper application of rules, lack of knowledge, insufficient evidence, and repeated prolongation of disciplinary proceedings” and Davis' “dishonest and aggressive intentional conduct.” The company sought $1.5 million in damages caused by the incident.
She claims Davis “was unable” to find any evidence of wrongdoing in the case.
“This extended and iterative disciplinary process was undertaken in circumstances where there was no clear, sufficient, convincing and convincing evidence in the complaint or investigative documents to determine misconduct,” Wang's notice of civil action states. “was a significant drain on Mr. Wang's life and energy.”
Ms Wang said she was living on “commission income” while she suffered from “severe depression, consistent low mood, loneliness, anxiety, insomnia and poor mood for over (4) years”. Additionally, it affected her ability to go out and network.
“(Mr. Wang's) reputation and brand name have been seriously harmed by notices of disciplinary hearings published on BCFSA's website for the past (four) years,” the civil lawsuit says. .
Lawyer: “I can't understand irrelevant and meaningless claims''
In his response to the lawsuit in June, Mr. Davis denied all of the facts alleged in Mr. Wang's notice of civil claim.
“The notice of civil action contains irrelevant and nonsensical allegations, making it impossible for Davis to understand the factual allegations being brought against him,” the response said. There is.
Davis said the former British Columbia Real Estate Council (now BCFSA) said in 2017 that Wang failed to provide customers with a 55 per cent fee rebate on the purchase of the property at West 48th Street and Blundell Road. He said he received a complaint against him. He failed to deposit the rent check for the Blundell Road property on time.
While looking into the complaint, investigators learned that Wang had lent a customer $50,000 as a deposit for a property on Blundell Road, leading to the issuance of disciplinary action and a hearing in 2023, according to the response. It led to
Mr. Davis, acting in his capacity as senior legal advisor to the Real Estate Board or BCFSA, said he would perform his duties “fairly, firmly and honorably, and that he would conduct his duties openly, courteously and respectfully. I met him,” he said.
She denied any wrongdoing in the conduct of the disciplinary process and claimed the notice of civil claim was an “abuse of process”.
Davis' response calls Wang's lawsuit “scandalous, frivolous and vexatious” and asks that the case be dismissed.
Davis originally filed to dismiss Wang's case in September 2023, but asked to postpone hearing the application the day before it was scheduled, according to court records.
According to a recent sanctions decision issued by BCFSA, Mr. Wang was fined approximately $28,000 in administrative penalties and law enforcement costs this year.
She was also ordered to take remedial education at UBC's Sauder School of Business and an ethics course at the Canadian Real Estate Institute.
Neither claim has been proven in court.
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