2 total
Judicial review of real estate agent's professional discipline for inaccurate listing information dismissed.
The applicant, a real estate agent, sought judicial review of a decision by the Real Estate Council of Ontario's Appeal Panel upholding a finding that she breached the Code of Ethics.
The applicant had included inaccurate property tax and local improvement charge information in a real estate listing without a sufficient public disclaimer.
The Divisional Court dismissed the application, finding that the Discipline Panel reasonably excluded the applicant's proposed expert evidence because it went to the ultimate issue and was unnecessary.
The Court also held that the Discipline Panel's finding of professional misconduct was reasonable, as the applicant failed to clearly communicate that the tax figures were unverified estimates.
Motion for production of Crown brief in ongoing criminal prosecution dismissed due to risk of witness taint.
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.
