• IMBA Mortgage Professionals
• Why Choose an IMBA Member
• IMBA’s Standards of Professional Conduct
• Resolving a Dispute

 

Resolving a Dispute

The Independent Mortgage Brokers Association of Ontario (IMBA) requires of its Members that they conduct their business affairs pursuant to the Association’s Standards of Professional Conduct. Should a dispute arise between a Consumer and a Member, the Consumer is welcome to have a grievance addressed by IMBA’s Professional Standards Committee.

 

IMBA’s Dispute Resolution Process

1. The Process:
   
   
   1. Grievances shall be made in writing and addressed to the Chair of the Professional Standards Committee, or in the event of an action initiated by the Committee, the Chair may give notice of a grievance to the respondent. A template form or letter shall be available on the Association’s web site for complainants to use;
       
   2. The Professional Standards Committee shall request the respondent to reply in writing within 14 days of receipt of the complaint;
       
   3. The Professional Standards Committee shall review the material which it receives. Provided that the Professional Standards Committee considers a grievance to have sufficient merit to warrant a hearing, then it shall order the same within 21 days of receipt of the response;
       
   4. The complainant and the respondent shall be invited to attend the hearing and both shall be entitled to be represented by counsel at a hearing;
       
   5. A resolution to the dispute may be suggested by the Professional Standards Committee to the parties at a hearing;
       
   6. A recording secretary shall record the proceedings at a hearing;
       
   7. Evidence may be given before the Professional Standards Committee in any manner that the Committee considers appropriate. The Committee is not bound by the rules of law with respect to giving evidence that are applicable to judicial proceedings;
       
   8. The Professional Standards Committee may choose to not hear a complaint and, or refer the matter that is the subject of the complaint to the appropriate authorities;
       
   9. Should resolution be achieved, the parties shall sign confidential minutes of settlement and the matter shall be closed. The parties are responsible to complete their commitments as reduced to writing in the minutes of settlement;
       
   10. The Professional Standards Committee may not review other grievances brought against a Member and, or other precedent decisions, until after a decision has been rendered and only for the purpose of assessing penalties;
        
   11. The Professional Standards Committee may impose costs and financial penalties against the respondent as determined and published from time to time by the Committee, or such other penalties as the Members of the Committee see fit;
        
   12. Failure by a respondent to participate in the proceedings pursuant to a grievance being brought against him or her may result in rulings against the respondent by the Professional Standards Committee.
        
2. Appeals:
   
   
   1. The Member being disciplined may appeal the decision of the Professional Standards Committee. The appeal shall be made to the Executive Committee of the Association, and such appeal must be received by the Association, in writing, within thirty (30) days of the Committee’s decision. A minimum of three (3) Members of the Executive Committee and, or their designates, who must be Directors of the Association, shall meet to hear the appeal, and render a decision within thirty (30) days of receipt of the appeal. The decision of the Members of the Executive Committee, or their designates, shall be final;
       
   2. Discipline measures and, or penalties, if applicable, shall not be invoked until after the appeal period has expired or after a decision has been rendered in the event of an appeal.