IN THE MATTER OF:
Manitoba Financial Services Agency
Securities Commission Financial Institutions Real Estate
THE REAL ESTATE SERVICES ACT
-and-
IN THE MATTER OF:
7136448 MANITOBA LTD. O/A MIRZA PROPERTIES AND DEVELOPMENTS,
RAHIM OMAR MIRZA and SOFIA MIRZA
STATEMENT OF ALLEGATIONS OF STAFF OF THE MANITOBA SECURITIES COMMISSION
STAFF OF THE MANITOBA SECURITIES COMMISSION ALLEGE, AMONG OTHER THINGS, THAT:
A. REGISTRATION 1. Rahim Omar Mirza ("Rahim") is a resident of the City of Winnipeg, in the Province of Manitoba.
2. From October 6, 2015, to January 1, 2022, Rahim was registered as a salesperson under The Real Estate Brokers Act ("REBA") with 4395612 Manitoba Ltd. o/a Royal LePage Dynamic Real Estate and Broke Rage Ltd. operating as Re/Max One Group.
3. From January 1, 2022, to October 5, 2022, Rahim was registered as a salesperson under The Real Estate Services Act ("RESA" or "Act") with 4395612 Manitoba Ltd. operating as Royal LePage Dynamic Real Estate and Broke Rage Ltd. operating as Re/Max One Group.
4. From October 12, 2022, to January 2, 2025, Rahim was registered as a real estate salesperson under RESA with Broke Rage Ltd. operating as Re/Max One Group.
5. From January 3, 2025, to February 3, 2025, Rahim's registration was suspended pursuant to Manitoba Securities Commission ("Commission") Order No. 2848.
Real Estate- The Manitoba Financial Services Agency 500-400 St. Mar y Avenue, Winnipeg, Manitoba R3C 4f5 Canada
204-945-2562
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6. Rahim is currently registered as a real estate salesperson under RESA with Ember Realty Group Ltd. operating as Ember Realty Group.
7. At all material times, Rahim is not, and has never been, registeredw ith the Commission to provide property management services.
8. Sofia Mirza (“Sofia”) is a residento f the City of Winnipeg,i n the Province of Manitoba. 9. At all material times, Sofia is not, and has never been, registeredw ith the Commission in any capacity, including to provide property management services.
10. 7136448 Manitoba Ltd. operating as Mirza Properties & Development (“Mirza Properties”) is a company incorporated and registered under the laws of Manitoba on
June 3, 2015, which expired June 3, 2021.
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Rahim and Sofia jointly own Mirza Properties as 50/50 shareholders.
12. At all material times, Mirza Properties is not, and has never been, registered with the Commission in any capacity, including to provide property management services.
B.
DETAILS
13. On or about January 23, 2024, Staff of the Commission received a telephone call from an investigatorw ith the Public Safety InvestigationsB rancho f the Provinceo f Manitoba (“PSIB”). The investigator advised Staff that members of the PSIB have, in recent years, had numerous dealings with Rahim who represented himself as the property manager for several properties.
14. Rahim had previously inquired if he could conduct third party property management and was advised by the Registrar that he was not allowed to.
The Arnold Properties 15. The properties listed at 346, 348, 350, and 352 Arnold Street, in Winnipeg (the “Arnold Properties”) are the subject of an Order dated March 27, 2023 issued by the Chief of Enforcement, Development and Inspections Divisions, Planning, Property and Development Department due to the contravention of The City of Winnipeg Building Bylaw No. 4555/87 regarding 'hazardous conditions’ (the “City Order”).
16. Alen Planincic( “Planincic”) appealed the City Order and indicatedt he following key points during the hearing:
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a) “Since 2020, 1 have had Rahim act as property manager and oversee the issues with this property, dealing with any items as they arise.”
b) There is a Letter of Authorization (the “LOA”) on file with the City of Winnipeg so they could deal with Rahim directly for the issues related to the Arnold Properties.
c) On numerous occasions throughout his testimony, Planincic repeatedly referred to Rahim as his property manager for the Arnold Properties.
d) Rahim also appeared via Zoom at this hearing on behalf of Planincic, attempting to refute the conditions in the City Order.
17. Title and tax searches confirmed that Planincic was the registered owner of the Arnold Propertiesa nd tax correspondencesw ere being sent to Planincicc /o Mirza PropertiesA,- 113B ryceS treet,W innipe.g
18. On February 5, 2024, Rahim advised staff of the Commission that he was not engaged in third-party property management. Rahim further stated Planincic was the landlord for the Arnold Properties, and he was helping Planincic, a family friend, with general maintenance and tenancy matters.
19. Contrary to Rahim’s claim, EIHS confirmed that they have been and/or are continuing to pay rent directly to Mirza Properties on behalf of clients residing in the Arnold Properties.
The Maryland Property 20. The LOA dated January 12, 2020, states that Planincic has retained 'Mirza Properties & Developments’ to act as Landlord on Planincic’s behalf for the Arnold Properties as well as 446 Maryland Street (the “Maryland Property”).
21. Title and tax searches confirmed that Planincic was the registered owner of the Maryland Property and tax correspondences were being sent to Planincic c/o Mirza Properties, A-113 Bryce Street, Winnipeg.
22. From December 2020 to October 2023, Mirza Properties disbursed approximately $104,254.30 to Planincic.
730 Beverley Street 23. PSIB further advised that Rahim was acting as property manager for 730 Beverley Street, Winnipeg MB (the “Beverley Property”).
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24. Title and tax searches revealed that the Beverley Property is owned by Mirza Properties.
25. The Beverley Property was placarded (condemned) in September 2023 by Public Health Inspectors for Manitoba Health. It was declared 'unfit for human habitation’ and the occupants were ordered to vacate.
26. However, prior to the required repairs, inspections and subsequent clearance from the Health Department being completed, the placards were removed, and Mirza
Properties had moved two new families into the Beverley Property.
27. These families were subsequently relocated by social services until this property was brought back into compliance by the Health Department.
The AM Properties 28. 305 Marjorie Street, 527 Borebank Street, and 2106 Gallagher Avenue, Winnipeg, MB (the “AM Properties”) were having their annual property tax statementsb eing forwarded to Mirza Properties.
29. AdrIan Mirza (“Adnan”) is the registered owner of the AM Properties and is not a director nor is he otherwise affiliated with Mirza Properties.
30. From December 2020 to February 2023, Mirza Properties disbursed approximately $28,928.00 to AdrIan.
The VM Properties 31. 203 Yale Avenue and 1315 Arlington Street, Winnipeg, MB (the “VM Properties”) were having their tenancy issues forwarded to Mirza Properties.
32. Rahim’s wife, Vanessa Malach (“Vanessa”), is the sole registered owner of the VM Properties.
33. On February 5, 2024, Rahim disclosed that he helps Vanessa with the maintenance of her properties, including the VM Properties, and that Mirza Properties is used to advertise all of her properties.
34. An advertising sign for Mirza Properties was posted outside the 203 Yale Avenue Property, providing their contact information for any rental inquiries.
35. The EIHS confirmed that they have or are paying rent directly to Mirza Properties on behalf of clients residing in the VM Properties
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36. Vanessai s not a directoro r is otherwisea ffiliatedw ith 7136448a nd/or Mirza Properties.
37. From December 2020 to October 2022, Mirza Properties disbursed approximately $103,574.49 to Vanessa.
Properties RM jointly owns 38. Rahim jointly owns 343 Salter Street, 937 Alfred Avenue, 745 Dufferin Avenue, 775 Mulvey Avenue, and 205 Spence Street in Winnipeg MB (the “Joint Properties”).
39. Individualsn amed as joint owner of the Joint Propertiesa re not a director or otherwise affiliated with Mirza Properties.
40. Three of these properties being 343 Salter Street, 745 Dufferin Avenue and 775 Mulvey Avenue were having their tenancy issues forwarded to Mirza Properties.
41. The EIHS confirmed that they have or are paying rent directly to Mirza Properties on behalf of clients residing in 343 Salter Street, 937 Alfred Avenue, 775 Mulvey Avenue and 205 Spence Street.
Self-Dealing 42. On August 12, 2020, Rahim and Vanessa purchased a property located at 937 Alfred Avenue, Winnipeg, MB (the “Alfred Property”) during an estate sale.
43. The purchase of the Alfred Property was completed as a private sale, outside of Rahim’s brokerage.
44. Rahim did not disclose that he was a registered real estate salesperson, nor did Rahim identify his brokerage in any way on the offer to purchase the Alfred Property.
A-113B ryce Street 45. Tax searches conducted on the above properties show the address for Mirza Properties being listed as A-113 Bryce Street, Winnipeg, MB. (the “Bryce Property”).
46. Rehana Mirza, who passed away in 2020, was the registered owner. 47. An Application for Probate dated August 19, 2020, for the Estate of Rehana Mirza showed that The Last Will and Testament of Rehana Mirza appointed Sofia as the sole
Executor and Trustee of the Estate. The will further instructed that the Bryce Property was left to Sofia and her brother, Saleem Mirza, jointly.
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48. An advertising sign for Mirza Properties was posted outside the Bryce Property, providing their contact information for any rental inquiries.
49. EIHS confirmed that they have or are paying rent directly to Mirza Properties on behalf of clients residing in the Bryce Property.
50. The Bryce Property is owned by the estate of Rehana Mirza with Sofia and Saleem Mirza being equal beneficiaries.
51 Saleem is not a director or is otherwise affiliated with Mirza Properties. Financial Records 52. From December 2020 to October 2023, Mirza Properties disbursed approximately $236,756.79 to third-party property owners from their business accounts.
53. Rahim has continuously denied to Staff that he has been conducting any third-property management himself or through Mirza Properties. Sofia has indicated to Staff that she is responsible for the day-to-day financials for Mirza Properties.
C.
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ALLEGATIONS
Staff of the Commission allege that Rahim: (a) Failed to make proper disclosure to his brokerage and the Commission when engaging in a trade on his own behalf in accordance with section 30(1) of the Act
(b)
demonstrated conduct unbecoming a registrant under section 46(2) of the Act by undermining public confidence in the real estate industry when disregarding the City Order and exposing the public to hazardous conditions while engaging in real estate services thereby demonstrating conduct unbecoming of a registrant in accordance with section 46(2) of the Act;
Staff of the Commission allege that Rahim and Sofia: (c) operated Mirza Properties as an unregistered property management firm, contrary to section 3 of the Act;
(d)
committed “deceptive dealing” within the meaning of RESA under section 44 of the Act by intentionally misrepresenting Mirza Properties’ authority to
provide the Services, omitting required disclosures, making false statement in a document and profiting through means contrary to law or dishonest dealings;
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2.
(e) committed “deceptive dealing” within the meaning of RESA under section 44 of the Act by intentionally providing false or misleading statements to Staff regarding the activities of Mirza Properties;
(D engaged in conduct, as set out above, that was contrary to the public interest. and that due to these allegations, pursuant to subsection 59(1) of RESA that it is in the public interest that the registration of Rahim under the Act be cancelled. Furthermore, Rahim and Sofia should pay a penalty, the costs for the investigation of matters referred to herein, and the costs of the hearing.
Such further and other matters as counsel may advise and the Commission may permit.
DATED at Winnipeg, Manitoba this 21 std ay of November, 2025
TO:
7136448 MANITOBA LTD. 0/A MIRZA PROPERTIES AND DEVELOPMENTS, RAHIMM IRZAa nd SOFIA MIRZA