Cases: Ontario Courts and RECO Decisions
This table collects notable Ontario court decisions and RECO discipline decisions from 2020–2025 that are directly relevant to claims based on misrepresentations in MLS listings or related listing information.
| Year | Case / Decision | Citation / Source | Issue | Outcome / Remedy | Relevance to MLS / Listing Misrepresentations |
|---|---|---|---|---|---|
| 2020 | Issa v. Wilson | Ontario Court of Appeal | Square-footage (listing overstated) | APS rescinded; deposit returned; appellate confirmation of materiality and inducement | Strong precedent: MLS size misstatements can be material and justify rescission even with an “entire agreement” clause |
| 2024 | Zhang v. Primont Homes (Caledon) Inc. | Ontario Court of Appeal | Location misrepresentation for new-build/development | Agent/broker held liable; deposit recovery against the agent; appellate affirmation of causation | Directly on point: location misstatements (e.g., in listings or agent statements) create civil liability; no need for technical expert evidence for non-technical facts |
| 2024 | Langen v. Sharma | Ontario Superior Court (ONSC) | Municipal tax amount stated in listing | Claim defeated by entire agreement clause in APS | Shows contractual drafting can limit liability for listing misstatements—check how APS incorporates listings |
| 2024 | Smith v. Real Estate Council of Ontario (judicial review) | ONSC decision upholding RECO discipline | Inaccurate tax figures in public listing; inadequate disclaimers | RECO discipline panel decision upheld by court; discipline consequences for agent | Regulatory reminder: unverified tax numbers and poor disclaimers expose agents to discipline and civil risk |
| 2024 | RECO Discipline — Nina Deeb | RECO disciplinary decision reported 2024 | Misleading representations about competing offers | Fines and costs ordered (discipline panel) | Demonstrates RECO enforces against misleading listing/offering conduct — regulatory route available |
| 2025 | RECO Discipline — Beau Spencer | RECO disciplinary decision reported Mar 20, 2025 | Misrepresented number of competing offers; inaccurate tax info in listing | $25,000 fine; ethics course; discipline | Recent example: RECO continues to penalize listing misstatements and inaccurate public listing content |
Brian Madigan LL.B., Broker
www.OntarioRealEstateSource.com