Robert Maxwell

The appellants were charged with trading in real estate as brokers without being registered.

The justice of the peace acquitted them, providing ambiguous reasons regarding whether they possessed the requisite mens rea or were acquitted based on perceived unfairness.

The summary conviction appeal judge reversed the acquittals and entered convictions.

The Court of Appeal allowed the appeal and ordered a new trial, finding that both the justice of the peace and the appeal judge provided inadequate reasons that foreclosed meaningful appellate review on the mens rea component of the offences.

The appellant was convicted of breaching s. 31(2) of the Real Estate and Business Brokers Act, 2002.

He was fined $5,000 and ordered to pay $10,000 in restitution to the vendor of the relevant property.

The appellant appealed the restitution order.

The Court of Appeal allowed the appeal and set aside the restitution order, holding that a finding of loss is a necessary precondition to imposing a restitution order, and the evidentiary record did not establish that the vendor suffered a loss.