The appellant, a real estate broker, created a website that provided the public with direct access to the Toronto Real Estate Board's (TREB) MLS Database.
TREB suspended the appellant's access without notice, arguing he breached the Authorized User Agreement (AUA).
The trial judge found the appellant breached the AUA by not confining his use of the database to exclusive and internal use, and that TREB was justified in suspending access without notice.
The Court of Appeal upheld the trial judge's interpretation of the AUA and dismissed the appeal.