A former B.C. real estate agent who failed to disclose to the provincial regulator that he had been charged with dozens of crimes has been sanctioned for his misconduct.
Jake Singh Kanda, who has not been licensed under B.C.’s Real Estate Services Act since February 2023, was given a one-year suspension and ordered to pay more than $27,000 to the BC Financial Services Authority in a sanctions decision issued earlier this month.
The decision, which was published online Wednesday, follows a previous BCFSA decision published back in June, in which Kanda was found to have committed the misconduct.
In addition to failing to disclose that he had been charged with crimes – as is required under the Real Estate Services Act – Kanda also “withheld, concealed or refused to provide” information requested by BCFSA investigators and submitted a “false or misleading statement” to them, according to the previous decision.
Kanda did not participate in either the liability hearing or the sanctions process, according to the BCFSA.
Kanda was charged with nine offences – the specifics of which are redacted in the BCFSA documents – in February 2019. Another 10 charges were laid in January 2021 and nine more in July 2021.
Most of the charges were stayed, but Kanda was convicted of two offences – assault and pointing a firearm at a person – in May 2022. He didn’t report those convictions to the regulator as required.
‘A pattern of misconduct’
In its submissions on what sanctions Kanda should face for his misconduct, the BCFSA told hearing officer Len Hrycan that Kanda’s licence ought to be “notionally” cancelled, even though Kanda has not been licensed since 2023.
Such a cancellation would prevent him from ever reapplying for a real estate licence in B.C. in the future.
While Hrycan agreed with the BCFSA that Kanda’s repeated failure to inform the regulator of charges and convictions against him constituted “a pattern of misconduct and ongoing disregard” for regulations, the hearing officer opted to suspend, rather than cancel Kanda’s licence.
Hrycan’s decision provides little insight into why he issued a suspension, rather than a cancellation, though it does note that the “violent” conduct underlying Kanda’s convictions – which the BCFSA asked Hrycan to consider – is not the professional misconduct for which Kanda is being disciplined.
“I find that Mr. Kanda’s misconduct showed a clear lack of recognition of the expectations of licensees under (the Real Estate Services Act),” the sanctions decision reads.
“The appropriate sanction in the circumstances of this matter must send a clear message to Mr. Kanda and other licensees that the superintendent will not tolerate the failure to promptly disclose charges and convictions, or the failure to be forthcoming and honest during investigations.”
Hrycan concluded that “a suspension of a significant period is required” to adequately deter future misconduct, protect the public and maintain public confidence in B.C.’s real estate licensing regime.
He settled on a one-year suspension, to go along with a $10,000 administrative penalty and $17,431.30 in enforcement expenses, which Kanda must pay within 30 days of the decision date.
During his one-year suspension, Kanda is prohibited from applying for a real estate licence.
“The determination of Mr. Kanda’s suitability, good reputation and fitness for licensure under RESA is left to be determined at the time of any future licensure applications, should that occur,” the decision reads.
Kanda has the right to appeal Hrycan’s decision to the Financial Services Tribunal, but must file such an appeal within 30 days of the decision date.
