George P. Drametu

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.

The applicant sought review of a decision by the Appeals Committee of the Real Estate Council of Ontario, alleging he signed an Agreed Statement of Facts and Penalty under duress.

The Divisional Court dismissed the application, finding no basis to interfere with the Committee's credibility findings that there was no duress.

The Court also held that the finding of a Code of Ethics violation and the penalty imposed were reasonable, given the applicant's creation of a false document and misrepresentation regarding a competing offer.