Rakesh Kumar and 2823711 Ontario Limited Registered as Royal Key Brokerage O/S Royal Key Brokerage v. Registrar, Trust in Real Estate Services Act, 2002, 2026 CanLII 45581

Licence Appeal Tribunal File Number: 18418/TRESA

An appeal from a Notice of Proposal to Revoke Registrations under section 13 and 14 of the Trust in Real Estate Services Act, 2002, S.O. 2002, c.30. Sched. C

Between:

Rakesh Kumar and 2823711 Ontario Limited Registered as Royal Key Brokerage O/S Royal Key Brokerage

Appellants

and

Registrar, Trust in Real Estate Services Act, 2002

Respondent

MOTION DECISION

ADJUDICATOR: Gurleen Thethi

For the Appellant: Anna Tamir, Counsel

For the Respondent: No submissions received

Heard: In Writing

OVERVIEW

1On February 23, 2026, the Registrar, Trust in Real Estate Services Act, 2002 (the "Registrar") issued a Notice of Proposal ("NOP") to Rakesh Kumar and 2823711 Ontario Limited Registered as Royal Key Brokerage O/S Royal Key Brokerage (the "appellants") pursuant to s. 13 and 14 under the Trust in Real Estate Services Act, 2002, S.O. 2002, c.30. Sched. C (the "Act"). The appellants appeal the NOP to the Licence Appeal Tribunal pursuant to s. 14 of the Act.

2The appellants seek an extension of time to file their Notices of Appeal and request that the Notices of Appeal be deemed to have been filed within the prescribed time.

3The motion proceeded in writing with the appellants making written submissions. The Registrar did not make any written submissions.

ISSUES

4The issue in dispute is:

a. Whether an extension of time should be granted to permit the appellants to proceed with their Notices of Appeal filed on March 12 and March 13, 2026.

RESULT

5The appellants' motion is dismissed as unnecessary. The Notices of Appeal were filed within the prescribed time, and the matter will proceed to a case conference.

ANALYSIS

6Section 14 of the Act requires that an appeal be filed within 15 days of service of the NOP.

7In this case, the NOP was served on the appellants by email on February 23, 2026, and was also sent by registered mail on the same date. The Act does not deem when service took place for a NOP sent by email, but pursuant to section 45(2) of the Act, service by registered mail is deemed to be effected on the third day following mailing. Accordingly, I find the NOP is deemed to have been served by registered mail on February 26, 2026. The 15-day appeal period therefore expired on March 13, 2026. The appellants filed their Notices of Appeal on March 12 and March 13, 2026.

8In the circumstances, I find that the appellants filed their Notices of Appeal within the prescribed time limit. Accordingly, no order granting an extension to file the appeals is required.

CONCLUSION

9The appellants filed their Notices of Appeal within the prescribed time. Accordingly, I dismiss the motion as unnecessary, and the matter shall proceed to a case conference.