The Registrar appealed a decision of the Licence Appeal Tribunal ordering it to grant the respondent's application for registration as a real estate salesperson.
The Registrar had proposed to refuse registration based on the respondent's past conduct in British Columbia, which included a lifetime suspension as a mortgage sub-broker.
The Divisional Court allowed the appeal, finding that the Tribunal erred in law by applying the 'balance of probabilities' standard of proof instead of the statutory 'reasonable grounds for belief' standard under s. 10(1)(a)(ii) of the Real Estate and Business Brokers Act, 2002.
The matter was remitted to the Tribunal for a new hearing.
