Carolyn R. Brandow

The Court of Appeal for Ontario issued a costs endorsement following an appeal.

The respondent was awarded costs of the appeal on a partial indemnity scale, fixed at $10,429.55 inclusive of disbursements and applicable taxes.

The Registrar appealed a Divisional Court decision upholding a Licence Appeal Tribunal order.

The Tribunal had revoked the registration of a real estate brokerage due to its involvement in mortgage fraud transactions, but allowed the principal broker to retain his registration subject to conditions.

The Registrar argued the Tribunal erred in its application of the test for revocation under section 10 of the Real Estate and Business Brokers Act, applied an incorrect standard of proof, and made erroneous findings of fact regarding the broker's knowledge of the fraud.

The Court of Appeal dismissed the appeal, finding the Tribunal's reasons were sufficient, it did not apply a quasi-criminal standard of proof, and it was open to the Tribunal to find the broker's past conduct did not warrant revocation despite findings of wilful blindness.