Licence Appeal Tribunal
Licence Appeal Tribunal File Number: 17059/TRESA
In the matter of an appeal from a Notice of Proposal to Revoke Registration by the Registrar under the Trust in Real Estate Services Act, 2002, S.O. 2002, c. 30, Sched. C
Between:
Champs Real Estate Brokerage, Inc.
Appellant
and
Registrar, Trust in Real Estate Services Act, 2002
Respondent
DECISION AND ORDER
ADJUDICATORS: Caley Howard, Member Emily Morton, Member
APPEARANCES:
For the Appellant: No one appearing
For the Respondent: Nicole Pitz, Counsel
Held by videoconference: June 9, 2025
BACKGROUND
1Champs Real Estate Brokerage, Inc. (the “appellant”) is registered as a brokerage under the Trust in Real Estate Services Act, 2002, S.O. 2002, c. 30, Sched. C (the “Act”).
2On April 16, 2025, the Registrar, Trust in Real Estate Services Act, 2002 (“Registrar”) issued a Notice of Proposal (“NOP”) to revoke the appellant’s registration pursuant to s. 14 of the Act, and the Registrar issued an Immediate Suspension Order (“ISO”) pursuant to s. 15 of the Act.
3The appellant applied to the Tribunal for a hearing of the NOP by a Notice of Appeal dated May 16, 2025. The Notice of Appeal also purports to appeal the ISO.
PRELIMINARY ISSUES AND ORDERS
Non-Attendance of Appellant
4Pursuant to the Licence Appeal Tribunal Rules, 2023 (the “Rules”), and specifically Rule 3.7.1, where a party who has been given notice of a hearing does not attend the hearing within 30 minutes of the scheduled start time, the Tribunal may proceed with the hearing in the absence of the party. In determining whether to proceed with the hearing in the absence of a non-attending party, the Tribunal will consider the reasons for the non-attendance, if any.
5The Tribunal set the appeal hearing to proceed at 1:30 p.m. on June 9, 2025 by videoconference. Counsel for the Registrar appeared at the hearing, and no one appeared for the appellant. Counsel for the Registrar advised that the appellant’s legal representative was aware of the hearing date and had advised they could not attend due to a scheduling conflict. The Registrar’s counsel advised the parties anticipated the main issue to be addressed at the hearing was the extension of the ISO.
6Prior to the hearing, counsel for the Registrar advised the Tribunal the parties had entered into Minutes of Settlement. The Registrar had forwarded the Tribunal the Minutes of Settlement and at the hearing, asked their terms be included in this decision. The Minutes of Settlement reflect an agreement by the parties that the ISO will remain in place until the conclusion of the hearing of the appeal from the NOP.
7When the appellant did not attend within 30 minutes of the scheduled start of the hearing, we ordered the hearing to commence in the absence of the appellant.
Continuation of Suspension Order
8The Registrar submitted that it anticipated the June 9, 2025 hearing would address the appeal of the ISO. The Act does not provide for an appeal of an ISO and the Tribunal has no jurisdiction to conduct such an appeal. The Act only provides for an appeal from a NOP. Even though the Notice of Appeal purports to appeal the ISO, the hearing that commenced before the Tribunal on June 9, 2025 is from the NOP only and that will be the only item considered at the hearing.
9According to s. 15(3) of the Act, if a hearing is requested in respect of an NOP, the ISO expires 15 days after the written request for a hearing is received by the Tribunal, but the Tribunal may extend the time of expiration until the hearing is concluded if a hearing is commenced with a 15-day period.
10In the present case, the appellant filed the Notice of Appeal on May 16, 2025. Therefore, the June 9, 2025 hearing was commenced within the 15-day period. The Minutes of Settlement, signed by the parties on June 6, 2025, reflects the appellant’s consent to the extension of the ISO until the conclusion of the hearing. As the parties consented, we order an extension of the ISO to the conclusion of the hearing, which commenced on June 9, 2025.
Adjournment and document production
11At the commencement of the June 9, 2025 hearing, the Registrar sought an adjournment of the hearing. As the appellant did not appear at the hearing, the Tribunal was unable to seek submissions from the appellant on whether the matter should be adjourned. The Minutes of Settlement reflect an agreement between the parties that the appellant will provide documents or an update on the status of document collection prior to a case conference, which is set to proceed on June 24, 2025 at 9:30 a.m. before the Tribunal. Specifically, the Minutes of Settlement provide in relevant part:
The parties will attend the previously scheduled case conference on June 24, 2025.
The Appellants will provide RECO with all previously requested documentation, including monthly reconciliations, on or before the scheduled case conference of June 24, 2025.
Alternatively, the Appellants will provide the status of the requested documentation during the scheduled case conference on June 24, 2025.
12In light of the above, that the parties have a plan to share documents and attend an upcoming case conference and given that the public interest is afforded some protection by the extension of the ISO, we agree that the hearing with respect to the NOP should be adjourned.
13The parties will attend the case conference on June 24, 2025, as agreed, and dates for the continuation of the hearing will be canvassed at that time.
WE ORDER AS FOLLOWS:
14The Immediate Suspension Order issued by the Registrar to the appellant on May 16, 2025 is extended to the conclusion of the hearing.
15The hearing with respect to the Notice of Proposal is adjourned. A case conference for the hearing will take place on June 24, 2025 at 9:30 a.m., by teleconference.
16If the matter resolves prior to the upcoming case conference or the continuation of the hearing, the parties are required to notify the Tribunal in writing. If the appellant wishes not to continue with the appeal, the appellant must file a Notice of Withdrawal, available at https://tribunalsontario.ca/lat/general-service/forms/ and serve a copy of that Notice on the Registrar and file a copy with the Tribunal.
17The Rules, available at Licence Appeal Tribunal Rules (tribunalsontario.ca) apply to this appeal, except where varied by Order of the Tribunal.
18Nothing in this Order affects any requirement under the Act.
19We are not seized.
LICENCE APPEAL TRIBUNAL
Caley Howard Adjudicator
Emily Morton
Adjudicator
Released: June 20, 2025