:Prepareawrittensummary,whichneedstoconsistofthree parts:

1. Introduction.Inthispartyouneedtostatethenameofthememberagainstwhomthe complaint has been launched and include a brief statement of the matter.
2. Body.Provide conciseanalysis of thematter and thedecision rendered;please ensure that you quote pertinent sections of the Rules.

3. What steps should the member have taken to avoid the complaint

ICCRC File No. CD.2018.162 and CD.2018.378 IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL/CONSEIL DE RGLEMENTATION DES CONSULTANTS EN IMMIGRATION DU CANADA DISCIPLINE COMMITTEE AND IN THE MATTER of a Hearing of a matter regarding the conduct of Wissam (Sam) Qita, R511653 to be held according to Section E of the Bylaws of the Corporation and the Rules of Procedure of the Discipline Committee of the Corporation. BETWEEN: Immigration Consultants of Canada Regulatory Council/ Conseil de rglementation des consultants en immigration du Canada (Applicant) -and- Wissam (Sam) Qita (Respondent) NOTICE OF URGENT MOTION The Applicant, Immigration Consultants of Canada Regulatory Council ("ICCRC") will make a motion to a Panel of the Discipline Committee by way of electronic hearing by teleconference: THE MOTION IS FOR AN ORDER: (a) Suspending the ICCRC membership of the Respondent, Mr. Wissam (Sam) Qita ("Mr. Qita" or the "Member"), pending the disposition of ICCRC Files CD.2018.162 and CD.2018.378. (b) Awarding the costs of the Motion to the ICCRC. THE GROUNDS FOR THE MOTION ARE: Alleged Offences Contrary to the Immigration and Refugee Protection Act (a) Further to the Sworn Information of a Canada Border Services Agency ("CBSA") Peace Officer, Geoffrey Warne, Mr. Qita was charged with several offences contrary to the Immigration and Refugee Protection Act (IRPA). - 2 - (b) The ICCRC opened File No. CD.2018.162 in response to the Sworn Information. (c) The prosecution of the charges against Mr. Qita for offences against the IRPA is ongoing (the "IRPA Proceeding"). (d) The allegations in the IRPA Proceeding are serious and go to the Member's credibility and integrity. They include allegations that Mr. Qita did knowingly, directly or indirectly, misrepresent or withhold material facts related to several sponsorship applications. The Group Complaint (e) On September 25, 2018, the ICCRC received a formal Complaint against Mr. Qita made on behalf of 49 former clients of the Member (the "Group Complaint"), which was assigned ICCRC File No. CD.2018.378. (f) All of the Complainants are Syrian nationals who retained Mr. Qita and his company, Explore Canada, to complete their applications ("Applications") for entry to Canada through the Privately Sponsored Refugees ("PSR") program. (g) The Complainants make several allegations against Mr. Qita, including the following: (i) Mr. Qita collected a total of $387,000.00 CDN in professional fees from the Complainants and facilitated the transfer of $958,000.00 CDN in settlement funds (i.e. funds designated for settlement of the Complainants in Canada) directly from the Complainants to 3 sponsor organizations, being PolyAnalytik Inc., London Investment Group ("LIG") and the Canadian Association for Refugee Relations ("CARR"), collectively, the Sponsors. The provision of settlement funds by the Complainants was contrary to PSR program guidelines. (ii) Mr. Qita and the Sponsors made guarantees to the Complainants that the settlement funds would be disbursed to the Complainants in monthly instalments upon their arrival in Canada. - 3 - (iii) In November and December 2017 respectively, the Applications sponsored by PolyAnalytik Inc. and LIG were denied on the basis that the Sponsors had not made adequate arrangements for the arrival of the Complainants in Canada. (iv) Mr. Qita solicited misleading affidavits from the Complainants sponsored by CARR. In short, he sought affidavits from those Complainants which would attest that the settlement funds provided came from family or friends of the Complainants and not the Complainants themselves. (v) The Applications sponsored by CARR were denied on the basis that the Sponsor did not have the financial resources to fulfil the settlement plan. (vi) Mr. Qita misappropriated certain settlement funds to make payments to Explore Canada and/or for other purposes. (vii) Mr. Qita encouraged Complainants to send their signature on blank papers so that he could affix those signatures on various Application forms. (viii) Mr. Qita charged fees not contemplated by the Retainer Agreements, refused to cancel sponsorships when instructed to do so, failed to provide proper statements of account, and failed to disclose a conflict of interest with respect to CARR, which was operated by Mr. Qita's spouse. (ix) Finally, a number of the Complainants allege that Mr. Qita provided incorrect information with their Applications and one Complainant alleges that Mr. Qita failed to file the Application. (h) The allegations as against Mr. Qita, if true, constitute numerous breaches of the Code of Professional Ethics, including but not limited to Articles 3 (Duty of Good Faith), 6 (Quality of Service), 7 (Advising Clients), 9 (Conflicts of Interest), and 11 (Withdrawal from Representation) of the Code. (j) The allegations against Mr. Qita are directly related to his integrity as a Regulated Canadian Immigration Consultant. - 4 - (k) Mr. Qita's conduct represents a risk to the public and undermines the reputation of the profession. THE ICCRC RELIES UPON: (a) The Code of Professional Ethics, March 2016; (b) Sections 10 and 11 of the Discipline Committee Rules of Procedure; (c) Section E, Article 37.1 of ICCRC By-Law 2017-1. THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of the motion: (a) The Motion Record of the ICCRC, including the Affidavit of Errol Fagan and exhibits attached thereto; (b) Such further and other material as counsel may advise and the Discipline Committee may permit. September 28, 2018 PATRICIA HARPER LSO #56795D KEEL COTTRELLE LLP 36 Toronto Street, Suite 920 Toronto, Ontario M5C 2C5 Tel: (416) 367-2900 Fax: (416) 367-2791 Lawyers for the Applicant Immigration Consultants of Canada Regulatory Council/ conseil de rglementation des consultants en immigration du Canada TO: Mr. Lorne Honickman BRAUTI THORNING ZIBARRAS LLP 161 Bay St., Suite 2900 Toronto, Ontario M5J 2S1 Tel: 416-360-2786 Fax: 416-362-8410 Lawyers for the Respondent Immigration Consultants Of Canada Regulatory Council/conseil de rglementation des consultants en immigration du canada Applicant and Wissam (Sam) Qita Respondent ICCRC File No. CD.2018.162 and CD.2018.378 IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL/CONSEIL DE RGLEMENTATION DES CONSULTANTS EN IMMIGRATION DU CANADA DISCIPLINE COMMITTEE NOTICE OF URGENT MOTION Patricia Harper LSO #56795D Keel Cottrelle LLP 36 Toronto Street, Suite 920 Toronto, Ontario M5C 2C5 Tel: (416) 367-2900 / Fax: (416) 367-2791 Lawyers for the Applicant Immigration Consultants Of Canada Regulatory Council/conseil de rglementation des consultants en immigration du Canada