The star real estate broker of the show Numbers 1 at CASA Mathieu Arseneault, whose viral videos have attracted attention outside of social media, will not have his license suspended, the disciplinary committee ruled on Friday. A decision received with relief from the broker, who feared losing his right to work just before Christmas.
On the third day of hearings at the Organisme d’autoréglementation du courtage régional du Québec in Brossard, the disciplinary committee heard the pleadings of both parties and rendered its decision within the hour.
“Even if the committee came to the conclusion that the respondent’s videos are derogatory, which does not have to be decided at this stage, nothing in the evidence demonstrates that the public is in danger due to the behavior of the respondent. “respondent,” read the president of the disciplinary committee Daniel Fabien.
The investigation by OACIQ assistant trustee Julie Gagnon concluded that Mathieu Arseneault uses social media in a way that brings into disrepute the honor, dignity, image and integrity of brokers, which this use currently puts at risk. jeopardizes the protection of the public and taints the bond of trust between real estate brokerage and consumers.
The assistant trustee requested the provisional suspension of the broker’s operating license pending the conclusions of the disciplinary hearings which will take place in 2024.
According to the jurisprudence of the professions court, the mechanism of provisional cancellation has always been considered a draconian and exceptional measure, explained the president of the disciplinary committee to the two parties as well as the media and brokers who attended the hearing.
“Only the imperative of immediate protection of the public can justify excluding a professional from practice when he has not yet been convicted of the offenses with which he is accused,” he asserted.
“In our opinion, the equation that the assistant trustee makes between the offenses and the need for immediate protection of the public is too simple,” declared Daniel Fabien. In the opinion of the committee, there is no concrete fact which establishes that there is a risk for the protection of the public if Mathieu Arseneault continues to practice the profession, specified the president.
Bad taste advertising: not a disciplinary offense
If the assistant union member considers that the videos presented in evidence are in bad taste and derogatory to the honor and dignity of the profession, this is a value judgment which is not supported by the evidence, according to the committee.
On this subject, the president recalled that the professions court had already decided that advertising in bad taste did not constitute a disciplinary offense.
The assistant union member also recognized that she had no objective evidence establishing that Mathieu Arseneault had bad intentions in the videos where she claimed he was self-promoting and that his comments were neither disgraceful nor insulting.
“Disciplinary justice certainly aims to protect the public, but it must also treat fairly those whose livelihood is placed in its hands,” read the president, recalling a decision of the Quebec Court of Appeal.
The committee made its decision verbally and may revise it later.
Mathieu Arseneault received his request for provisional suspension on December 6 and the hearings began on December 18.
The disciplinary committee is an entity completely independent of the OACIQ, created under the Real Estate Brokerage Act, the OACIQ reminded.