‘Decisive victory for competition’: Supreme Court won’t hear TREB appeal in real estate data case
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The Supreme Court of Canada announced today that it won’t hear the Toronto Real Estate Board’s (TREB) appeal of a 2016 Competition Tribunal decision. (https://rem.ax/2NfpeHZ) In that decision, the Tribunal ruled that certain aspects of TREB’s Virtual Office Website Policy constitutes an abuse of dominant position under the federal Competition Act.
TREB has 60 days to comply with the Tribunal’s order.
Here is TREB’s statement on this development:
“TREB RESPONDS TO SUPREME COURT OF CANADA’S DECISION
TORONTO, ONTARIO, August 23, 2018 – The Toronto Real Estate Board respects the Supreme Court of Canada’s decision to not grant leave to hear TREB’s appeal. The Order of the Tribunal will come into effect in 60 days time, unless it is modified.
As noted by the Supreme Court of Canada, of the approximately 600 leave applications submitted to the Court each year, only about 80 are granted. The possibility of succeeding in getting an appeal heard is in general remote. The Court’s role is not to correct errors that may have been made in the courts below. Rather it grants leave only where its decision is likely to have an impact on society as a whole.
TREB believes personal financial information of home buyers and sellers must continue to be safely used and disclosed in a manner that respects privacy interests and will be studying the required next steps to ensure such information will be protected in compliance with the Tribunal Order once that comes into effect. –John DiMichele, CEO, Toronto Real Estate Board”
“Now that the Supreme Court has ruled on this matter, we’re working with our legal counsel to understand the potential implications,” Phil Moore, Board president said. “As always, we want to ensure we’re meeting any legal responsibilities we have and acting in the best interests of our members and the home buyers and sellers you represent every day.”
