Nicole Koteff

The appellant appealed a Notice of Proposal by the Registrar to revoke his registration as a broker under the Real Estate and Business Brokers Act, 2002.

The parties reached a settlement and requested a consent order disposing of the appeal without a hearing.

The Tribunal issued the consent order, directing the Registrar not to revoke the registration but to apply specific conditions, including mandatory education, reporting of outstanding criminal charges, and restrictions on acting as a broker of record.

The Registrar sought an order for the production of the Crown disclosure brief relating to ongoing criminal charges against the appellant, a real estate broker facing registration revocation.

The non-party Attorney General opposed production of the complete brief, arguing it would prejudice the ongoing prosecution.

Applying the Wagg screening process, the Tribunal found that the public interest in nondisclosure of the Crown brief while the prosecution is ongoing overrides the public interest in access to relevant information for the regulatory hearing, due to the risk of witness taint.

The motion for production was dismissed.