The appellant was convicted of breaching s. 31(2) of the Real Estate and Business Brokers Act, 2002.
He was fined $5,000 and ordered to pay $10,000 in restitution to the vendor of the relevant property.
The appellant appealed the restitution order.
The Court of Appeal allowed the appeal and set aside the restitution order, holding that a finding of loss is a necessary precondition to imposing a restitution order, and the evidentiary record did not establish that the vendor suffered a loss.
