R. v. McKinley, (1980) 7 Man.R.(2d) 83 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: November 04, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 7 Man.R.(2d) 83 (CoCt)

R. v. McKinley (1980), 7 Man.R.(2d) 83 (CoCt)

MLB headnote and full text

R. v. McKinley

Indexed As: R. v. McKinley

Manitoba County Court

Ferg, C.C.J.

November 4, 1980.

Summary:

This headnote contains no summary.

Brokers - Topic 6265

Offences - Fraud - Unconscionable or unreasonable profits - The accused real estate agent agreed to sell a home - The sellers were in town for one week - The day before the sellers left, the accused bought the house in his wife's name for $20,900.00 or $4,100.00 below the market price - Two days later the accused sold the house at an $8,100.00 profit - The buyer had been trying to find a home for about one month and the accused knew the buyer's bank would loan enough money to buy the home - The Manitoba County Court held that the accused fraudulently obtained an unconscionable and unreasonably large profit contrary to s. 41.2 of the Real Estate Brokers Act.

Brokers - Topic 6425

Offences - Punishments - Sentence - Fraud - Real estate broker - First offence - Fraud by making an unconscionable and unreasonable profit ($8,100.00 on a $25,000.00 home) on a real estate transaction - The Manitoba County Court imposed a fine of $100.00 - See paragraph 24.

Statutes Noticed:

Real Estate Brokers Act, R.S.M. 1970, c. R-20, sect. 2(j) [para. 5]; sect. 41.2 [para. 4].

Counsel:

T. Kormylo, for the Crown;

David Errol McKinley, on his own behalf.

This case was heard by FERG, C.C.J., of the Manitoba County Court, who on November 4, 1980, delivered the following oral judgment: