33-06-0919
Licence number
D1167
Broker's name
Gauthier, Louis
Decision
Notice of suspension of the certificate
of Mr. Louis Gauthier
File: 33-06-0919
NOTICE is hereby given that Mr. Louis Gauthier, affiliated real estate agent (Certificate No. D1167), formerly employed by or authorized to act on behalf of Re/Max Référence 2000, chartered real estate broker (Certificate No. D4724), whose establishment is located at 3333 du Carrefour Street, Suite 250 in Beauport, 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: Between on or around June 6, 2005 and July 15, 2005, whereas a professional relationship had been formed since March 2005 with a third party for the purchase of a property, failing to demonstrate integrity, committing an act that is derogatory to the honour and dignity of the profession, participating in a practice in real estate matters which may cause prejudice to the public or to the profession, notably by abusing the good faith of this third party to appropriate or obtain a sum totalling $3,800, namely by:
a) on or around June 6, 2005, asking a third party for an advance on potential compensation to be paid should the third party purchase an immovable through the chartered real estate broker on whose behalf the defendant was authorized to act;
b) on or around June 7, 2005, obtaining by bank transfer from the third party’s account a sum of $1,000;
c) on or around June 8, 2005, obtaining by certified cheque from the third party a sum of $2,000;
d) on or around June 13, 2005, obtaining by bank transfer from the third party’s account a sum of $300;
e) on or around June 28, 2005, obtaining by bank transfer from the third party’s account a sum of $500;
f) failing to reimburse these sums received from the third party;
the whole contrary to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
2nd count: On July 27, 2005, in a case before the Court of Quebec, Penal Division, the defendant pleaded guilty to the six criminal offences below having a link with the practice of the profession:
a), c), e) During the month of May 2005, forging documents, including a forged letter from a lender, a certified cheque and a bankruptcy discharge certificate, knowing them to be forged, with the intention that they be used or acted on as genuine to the prejudice of lenders, thereby committing an indictable offence under section 367a) of the Criminal Code;
b), d), f) During the month of May 2005, knowing that documents were counterfeit, i.e. a forged letter from a lender, a forged certified cheque and a forged bankruptcy discharge certificate, using, dealing with or acting on these documents as if they were genuine, thereby committing an indictable offence under section 368(1)a)c) of the Criminal Code;
3rd count: On July 27, 2005, in a case before the Court of Quebec, Penal Division, the defendant pleaded guilty to the criminal offence below having a link with the practice of the profession:
a) On or around May 19, 2005, by deceit, falsehood or other fraudulent means, defrauding a third party of a sum of money not exceeding $5,000, thereby committing an indictable offence under section 380(1)b)i) of the Criminal Code;
4th count: On August 17, 2005, in a case before the Court of Quebec, Penal Division, the defendant pleaded guilty to the nine criminal offences below having a link with the practice of the profession:
a), e) During the year 2005, forging documents, i.e. a bankruptcy discharge certificate and a declaration of out-of-court settlement, knowing them to be forged, with the intention that they be used or acted on as genuine, the first to the prejudice of lenders, thereby committing an indictable offence under section 367a) of the Criminal Code;
b), c), d), f) During the months of May, June and July 2005, knowing that documents were counterfeit, i.e. three bankruptcy discharge certificates and a declaration of out-of-court settlement, using, dealing with or acting on these documents as if they were genuine, thereby committing an indictable offence under section 368(1)a)c) of the Criminal Code;
g), h), i) During the month of June 2005, by deceit, falsehood or other fraudulent means, defrauding a third party on three occasions of a sum of money not exceeding $5,000, thereby committing an indictable offence under section 380(1)b)i) of the Criminal Code;
the whole contrary to section 149.1 of the Professional Code and to sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
On August 22, 2006, the Discipline Committee ordered a permanent suspension of Mr. Louis Gauthier’s certificate on these counts of the complaint.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. September 28, 2006. The permanent suspension of Mr. Louis Gauthier’s affiliated real estate agent certificate is therefore effective as of September 28, 2006.
This notice is given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).
Brossard, September 28, 2006
Chantal Peltier
Discipline Committee Secretary
