4 total
Real estate registration refused after applicant found to have cheated on five online qualification exams.
The appellant appealed a Notice of Proposal to refuse his registration as a real estate salesperson under the Trust in Real Estate Services Act, 2002.
The Registrar alleged that the appellant engaged in academic misconduct by using a third-party exam-taker and screen mirroring technology during five online exams.
The Tribunal found that the circumstantial evidence, including unusually short completion times, high marks, and the use of an IP address associated with a known cheating ring, established on a balance of probabilities that the appellant engaged in academic misconduct.
Consequently, the appellant failed to meet the educational requirements for registration, and the Tribunal directed the Registrar to carry out the proposal to refuse registration.
Deposit claim dismissed; appellant failed to terminate APS within the prescribed period and no fundamental breach occurred.
The appellant appealed a decision by the Tarion Warranty Corporation denying her claim for compensation for a deposit paid to a home builder.
The appellant argued she had exercised her statutory right to rescind the agreement of purchase and sale (APS) and that the builder committed a fundamental breach by failing to set a delayed closing date and selling the home to another buyer.
The Tribunal found that the builder's unavoidable delay notices were invalid, meaning the original critical dates applied, and the appellant's termination notice was provided after the termination period had expired.
Furthermore, applying the Spirent factors, the Tribunal held that the builder's failure to set a delayed closing date did not constitute a fundamental breach, as it did not deprive the appellant of substantially the whole benefit of the APS.
The appeal was dismissed.
Court declines costs between competing creditors after dispute over power of sale process.
A judgment creditor brought proceedings concerning a mortgaged property subject to power of sale, fearing the mortgagee and borrower were not independent and that the property might be sold below fair market value, leaving the judgment unsatisfied.
The parties ultimately resolved the underlying dispute on terms ensuring the property would be sold through a public process.
Both the judgment creditor and the mortgagee sought costs against each other.
The court held that the borrower’s failure to meet obligations caused the dispute between creditors and that ordering costs between them would not alter their legal priorities or economic exposure.
No order as to costs was made, leaving creditors free to seek recovery of enforcement costs from the borrower and the property.
Human rights application dismissed; alleged racial comment not proven and termination justified by poor performance.
The applicant, a Black woman, alleged that a caller made a racially offensive comment to her at work, and that her employer failed to investigate the incident and subsequently terminated her employment in reprisal.
The Tribunal found the applicant's testimony lacked credibility and preferred the respondents' evidence that the caller merely asked who the 'owner' of the store was, which was not racially offensive in context.
The Tribunal held that the employer met her duty to investigate by promptly contacting the caller and relaying an apology.
The termination was found to be justified by the applicant's persistent lateness, poor customer service, and insubordination, rather than being a reprisal for her complaint.
The application was dismissed.
