In Deeb v. Real Estate Council of Ontario, 2025 ONSC 1100, the Ontario Divisional Court upheld the decision of a discipline committee despite the Allegation Statement containing factual errors and inconsistencies with the evidence presented during the hearing on the merits.
Background
The member was a real estate agent acting on behalf of a married couple looking to purchase a property. The member was also the agent for the vendors. After the member informed the purchasers that there were multiple competing offers on the property, the purchasers submitted an increased offer, which was accepted. However, the purchasers later learned that there had never been any competing offers on the property.
The purchasers made a complaint to the Real Estate Council of Ontario (“RECO”), and the member was subject to discipline proceedings. The Discipline Committee held that the member breached RECO’s Code of Ethics and ordered her to pay a fine of $14,000 and costs of $6,000. The member appealed to RECO’s Appeals Committee, which upheld the decision. The member then brought an application for judicial review to the Ontario Divisional Court.