On May 26, 2022, the Licence Appeal Tribunal (LAT) upheld a decision of the Registrar to revoke the individual licence of Mr. Anil Jhamtani. On June 3, 2022, pursuant to a joint submission between the CMRAO and Simsons Management Inc. (“Simsons”), the LAT also imposed conditions on the condominium management provider licence of Simsons.

Background

In 2020, the CMRAO received a complaint about the conduct of Anil Jhamtani and his provider business, Simsons Management Inc. The complaint was filed by a condominium corporation that had contracted the services from December 2016 to February 2020, whereby several serious concerns were raised about Mr. Jhamtani’s conduct as a condominium manager.

At a hearing before the LAT, the CMRAO provided evidence outlined in an Agreed Statement of Fact, dated February 21, 2022. The statement provided an account of the circumstances of the case, including:

• failure to return corporation records,
• unauthorized transfer of $10,000 from the corporation by Jhamtani to himself,
• failure to manage common element fees,
• failure to pay invoices,
• failure to pay the corporation’s fees to the Condominium Authority of Ontario,
• failure to maintain complete and accurate financial maintenance records, and
• failure to cooperate with a CMRAO inspection and comply with an undertaking.

As a result of these actions, the licensees failed to meet their obligations to their client, the condominium corporation, as well as the CMRAO.

Given the totality of the evidence against the licensee and his provider business, the LAT concluded that Mr. Jhamtani could not be licenced with conditions. It found that Mr. Jhamtani’s past conduct provided reasonable grounds for belief that he would not uphold the obligations of a licensee in accordance with the law and with integrity and honesty. As a result, the LAT confirmed the CMRAO’s decision to revoke Mr. Jhamtani’s licence.

Prior to the LAT Hearing, the CMRAO and the licensees submitted a joint submission to the LAT, wherein the parties agreed that Simsons could maintain its licence with conditions applied. When the LAT Order was issued on May 26, 2022, the decision initially ordered the revocation of Simsons’ licence; however, on June 3, 2022, the LAT issued a Reconsideration Order that aligned with the parties’ joint submission, ordering instead that Simsons remain entitled to a licence with conditions applied.

LAT Decision

The LAT Order upholds the Registrar’s proposal to revoke the licence of Anil Jhamtani and results in the following conditions being applied to Simsons’ condominium management provider licence:

The conditions placed on the licence of Simsons reassured the LAT that they would prevent Mr. Jhamtani from acting as a director or officer of the business and from performing any functions of a condominium manager on its behalf. Moreover, the LAT was satisfied that the agreement would protect the public against the conduct that led to the revocation of Mr. Jhamtani’s individual licence

The CMRAO treats complaints seriously and acts in the interest of consumer protection. Regulatory decisions are publicly available in the Consumer Protection section of the CMRAO website. Information about licensees and the status of each licence (including conditions and actions taken against a licensee) is available in the Public Registry.