Sadie Moranis Realty Corporation (Prudential Sadie Moranis Realty) v. Ontario (Real Estate and Business Brokers), 2010 ONCA 614

CITATION: Sadie Moranis Realty Corporation (Prudential Sadie Moranis Realty) v. Ontario (Real Estate and Business Brokers), 2010 ONCA 614

DATE: 20100923

DOCKET: C51655

COURT OF APPEAL FOR ONTARIO

Weiler, Laskin and Goudge JJ.A.

BETWEEN

Sadie Moranis Realty Corporation carrying on business as Prudential Sadie Moranis Realty

Applicant (Appellant)

and

The Registrar of Real Estate and Business Brokers

Respondent (Respondent)

Randy A. Pepper, for the appellant

Christopher D. Bredt and Denise L. Bambrough, for the respondent

Heard: September 20, 2010

On appeal from the order of Justice Romain W.M. Pitt of the Superior Court of Justice, dated January 12, 2010.

APPEAL BOOK ENDORSEMENT

[1] The appellant appeals the order dismissing its application for an interpretation of certain provisions of the Real Estate and Business Brokers Act, 2002 (“REBBA”). The appellant sought a declaration that “once a broker or salesperson is no longer employed by a brokerage to trade in real estate, that broker or salesperson is no longer registered with the brokerage.” The motions judge found that there was no dispute or lis between the parties, and so declined to grant declaratory relief.

[2] We agree with the motions judge. There is no lis here. Stephen Moranis’s registration has now been revoked. There is now no longer any live issue concerning the appellant and its employees and the Registrar. The issue that the appellant seeks to raise is largely dependent on the manner in which the Registrar chooses to treat the notification of loss or termination of employment. The question that the appellant seeks to have the Court answer cannot be addressed in the abstract.

[3] Accordingly, we dismiss the appeal. Costs of the appeal and of the motion respecting the length of the factum are to the respondent and are fixed at $15,000 inclusive of disbursements and applicable taxes.