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33-07-1088

Licence number

D7371

Broker's name

Brissette, Jean-François

Decision

Notice of suspension of the certificate
of Mr. Jean-François Brissette


File: 33-07-1088

NOTICE is hereby given that Mr. Jean-François Brissette, affiliated real estate agent (Certificate No. D7371), formerly employed by or authorized to act on behalf of Groupe Sutton Accès Inc., chartered real estate broker (Certificate No. C0135), whose establishment is located at 2957 Bélanger St. East, in Montréal, has been found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du Québec of the offences summarized below:

1st count: Since May 18, 2005, obtaining the issuance, renewal and/or reinstatement of his affiliated real estate agent’s certificate whereas he did not have the qualifications required under section 21 of the Regulation respecting the Application of the Real Estate Brokerage Act to be the holder of such a certificate:

a) Having pleaded guilty, on January 19, 2005, to the following criminal offences having a link with the practice of the profession:

i) On or around July 15, 2002, breaking and entering a place other than dwelling-house and committing an indictable offence, i.e. theft, thus committing the indictable offence referred to in section 348(1)(b)(e) of the Criminal Code;

ii) On or around July 12, 2002, breaking and entering a place other than dwelling-house and committing an indictable offence, i.e. theft, thus committing the indictable offence referred to in section 348(1)(b)(e) of the Criminal Code;

iii) On or around June 27, 2002, breaking and entering a place other than dwelling-house and committing an indictable offence, i.e. theft, thus committing the indictable offence referred to in section 348(1)(b)(e) of the Criminal Code;

iv) On or around July 17, 2002, having in his possession money or a credit card of a value not exceeding $5,000, knowing that these things had been obtained by the commission of an offence punishable by indictment, thus committing the indictable offence referred to in section 355(b)(i) of the Criminal Code;

v) On or around 17 July 2002, having in his possession instruments suitable for the purpose of breaking into any place, motor vehicle, vault or safe, namely a pair of pliers and a student card, under circumstances that give rise to a reasonable inference that the instruments have been used or are or were intended to be used for such a purpose, thus committing the indictable offence referred to in section 351(1) of the Criminal Code.

b) Having pleaded guilty, on January 19, 2005, to the following criminal offences having a link with the practice of the profession:

i) Between December 29, 2004 and December 31, 2004, stealing a magnetic card, of a value not exceeding $5,000, thus committing the indictable offence referred to in section 334(b)(i) of the Criminal Code;

ii) On or around January 1, 2005, having in his possession lottery tickets, of a value not exceeding $5,000, knowing that these things had been obtained by the commission of an offence punishable by indictment, thus committing the indictable offence referred to in section 355(b)(i) of the Criminal Code;

iii) Between November 15 and 30, 2004, in Montréal, breaking and entering a dwelling-house and committing an indictable offence, i.e. theft, thus committing the indictable offence referred to in section 348(1)(b)(d) of the Criminal Code;

the whole contrary to section 16 of the Real Estate Brokerage Act, to sections 20, 35, 40 and 42 of the By-Law of the ACAIQ, and to sections 1, 13 and 14 of the Rules of Professional Ethics of the ACAIQ.

2nd count: On or around December 12, 2006 and June 11, 2007, failing to show integrity and committing an act that is derogatory to the honour and dignity of the profession:

a) on December 12, 2006, by making a false declaration on the form REINSTATEMENT AND NOTICE OF AGREEMENT, Section II, by answering “No” to the question: “ In the 5 years preceding the date of this application, have you been found guilty of, by final judgment, or pleaded guilty to a criminal offence?”

b) on June 11, 2007, by making a false declaration on the form REINSTATEMENT AND NOTICE OF AGREEMENT, Section II, by answering “No” to the question: “ In the 5 years preceding the date of this application, have you been found guilty of, by final judgment, or pleaded guilty to a criminal offence?”
thus committing, for each of these declarations, an offence under section 1 of the Rules of Professional Ethics of the ACAIQ.

3rd count: As of August 30, 2007, hindering the work of the syndic of the ACAIQ and failing to collaborate during an inquiry conducted by her, namely:

a) by failing to contact the syndic as requested in a letter dated August 28, 2007;

b) by failing to report, in accordance with a subpoena duces tecum issued by the syndic on October 29, 2007, to the offices of the ACAIQ on November 14, 2007 at 10:00 a.m., with the documents mentioned;

the whole contrary to sections 117 and 127 of the Real Estate Brokerage Act and section 54 of the Rules of Professional Ethics of the ACAIQ.

On March 3, 2009, the Discipline Committee ordered the permanent suspension of Mr. Jean-François Brissette’s certificate on these counts of the complaint.

The Committee having ordered the provisional execution of the decision notwithstanding appeal, the permanent suspension of Mr. Jean-François Brissette’s affiliated real estate agent’s certificate is effective as of March 3, 2009.

This notice is given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).

Brossard, March 3, 2009

Chantal Peltier
Discipline Committee Secretary