Not Registered: No Commissions In McGuire v. Dejong and Coldwell Banker Integrity Real Estate Brokerage (2021 ONSC), Associate Justice A. Kaufman delivered a decision that underscores a difficult truth in …
Letters of Intent and the Duty of Good Faith
Introduction In commercial transactions, parties often begin with a Letter of Intent (LOI) before entering a final, binding agreement. But does the duty of good faith apply to these preliminary …
Commission Release Obligations
A common question among sales representatives is how soon a brokerage must release commission after closing a deal. Many believe there are strict RECO guidelines setting out a timeline, but …
Commission Disclosures in Multiple Representation (2)
Fiduciary Duties Beyond TRESA Overview When a real estate brokerage represents both a buyer and a seller in the same transaction, the situation is governed not only by the Trust …
Commission Disclosures in Multiple Representations (1)
Disclosures of various commissions sources and referral fees in multiple representation situations: Type of Payment Disclosure Required? To Whom Legal Source Listing-side commission Yes, to own client Seller O. Reg. …
Court Dismisses Counterclaim Against Royal LePage in Private Real Estate Dispute
Privitera v. Afshari In a recent Ontario case, released October 9, 2025 Royal LePage successfully moved to dismiss a counterclaim brought by Maurizio Privitera in a dispute involving a residential …
Real Estate Expert Witness: Case Comments
The following is a short summary of some key points made by Judges concerning real estate expert witness testimony in various cases: Brian Madigan LL.B., Broker www.OntarioRealEstateSource.com
Expert Evidence by Madame Justice Epstein
Krawchuk v. Scherbak, 2011 ONCA 352 (upheld by Supreme Court of Canada 9 December 2011) Background In Krawchuk v. Scherbak, the plaintiff purchased a property that turned out to have …
When You Sue a Realtor, Bring an Expert
Duad Inc. v. Shi, 2025 ONSC 5258 Sloppy Is Not the Same as Negligent When a real estate deal collapses, frustrated buyers and sellers often look for someone to blame, …
Use of Form 650 for Open Houses
It is possible to use OREA Form 650 for Open Houses, but that was not really the intention when it was drafted. When a Listing Brokerage has no one available …