Court weighs in on TREB motion

by Jennifer Paterson22 Sep 2015
The Toronto Real Estate Board’s request to have a Chief Justice removed from the trial over public access to home-sales data has been denied.
On the first day of the long-awaited trial, in which the Competition Bureau is challenging a TREB policy about online sold data, the real estate board requested that Chief Justice Paul Crampton recuse himself from the case due to his involvement in a similar lawsuit more than a decade ago.
According to CTV, the Federal Court Chief Justice has rejected that application, arguing no reasonable person would perceive him as being biased on the basis of his very limited involvement in a similar case 14 years ago when, in fact, he was a private practice lawyer.
The motion, which was put forward and rejected this morning, is the latest step in an increasingly drawn-out disagreement between TREB and the Competition Bureau.
The hearing is expected to continue this week and again the week of October 5.


  • by Nick Slezinski Calgary 9/22/2015 6:16:52 PM

    I do not agree that anyone has the right or gall to suggest ANY Real Estate board acquired information must be made public ! Not a decision for any judge to make ! Not much different than your driving history compiled by Feds or Provincial Govt. is to be available to the public ! Nonsensical to my personal thinking and opinion ! Reminds me of the "Witch Trials" in USA some years back !

  • by 9/22/2015 8:21:21 PM

    If this tribunal ends up siding with the Competition Bureau, TREB will now have an immediate case for appeal. Regardless of how arms length this Justice may or may not have been from the Realty Sellers v. TREB case in which his firm at the time was involved, he should have immediately recused himself from this case on that basis.
    There will be plenty of ammunition to claim a lack of impartiality. Mind you, Competition Bureau tribunals are not really known for their impartiality to begin with, considering the Bureau selects the panel.

  • by Anonymous TREB Member 9/24/2015 11:12:17 AM

    This whole process is ridiculous! Why should the government have or lay any claim to private information research. Statistics/information compiled regarding sales activity has been done privately---maybe TREB members should arrange for an IPO on the stock market and sell its research for a fee to the public (like everyone else including information that is requested from all levels of our very own government) that will then benefit the TREB membership. After all, is it not the work of the collective membership that actually creates all the stats? Income from this can then be used to lower our membership fees and the government can interfere and regulate all it wants. Just thinking!!

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