Shane Smith

The appellant, a former real estate broker whose license was revoked, appealed and sought judicial review of a Licence Appeal Tribunal decision denying his reapplication for registration.

He argued the Tribunal breached procedural fairness by denying his requests for a summons, an adjournment, and allegedly preventing him from recording the hearing.

The Divisional Court dismissed the appeal, finding the Tribunal properly exercised its discretion in denying the irrelevant summons and the last-minute adjournment.

The court noted the appellant was explicitly granted permission to record the hearing but failed to retain a reporter, and his deliberate choice to leave the hearing meant he failed to meet his evidentiary onus.

The applicant, a real estate agent, sought judicial review of a decision by the Real Estate Council of Ontario (RECO) Appeals Committee, which upheld findings that she breached the Code of Ethics by misleading her clients about the existence of competing offers.

The applicant argued the proceedings were procedurally unfair and the decisions were unreasonable.

The Divisional Court dismissed the application, finding no procedural unfairness despite discrepancies between the allegation statement and the evidence presented.

The court also held that the RECO committees reasonably assessed credibility and weighed the evidence, including the lack of written records of other offers, in concluding the applicant had committed professional misconduct.