The court considered a motion by Salerno Realty Inc., Brokerage to dismiss Intercity Realty Inc., Brokerage’s action for breach of contract and commission entitlement, on the basis that the matter had already been determined by arbitration under the Toronto Regional Real Estate Board (TRREB) process.
The court found that its jurisdiction was ousted by the TRREB Arbitration Guidelines, which required members to submit commission disputes to arbitration.
The court also found that issue estoppel applied, as the issues had been fully adjudicated in arbitration, and dismissed the action against Salerno.
The decision did not affect Intercity’s claim against the defendant Mr. Cardwell.
