Realtysellers Real Estate Inc. should not be granted leave to intervene in the case between the Toronto Real Estate Board and the Commissioner of Competition because the company’s motivation is based entirely on its desire to promote its own business and agenda, says TREB in its latest filing.
TREB also says any submissions made by Realtysellers, including those from its president Lawrence Dale or consultant Fraser Beach, “will be tainted by Dale and Beach’s historical and current status as litigants against TREB and individual members of TREB’s Board of Directors and executive.”
TREB says there are two court proceedings dating from 2009 that are still ongoing and Realtysellers took three previous actions against the board.
TREB says that Realtysellers is “focused on the sell-side of the residential real estate market, not the buy-side” which is the main focus of the application. The board also says that since the current Realtysellers brokerage has been in operation for only three months, “this hardly speaks of a party with a depth of experience or expertise sufficient to offer the Tribunal an informed, let alone unique and distinct, perspective.”
TREB maintains that “any submissions made by Dale as to the information he may personally be able to offer the Tribunal are completely irrelevant to the consideration of whether Realtysellers brings a unique and distinct perspective to the issues before the Tribunal.”
The board also says that Realtysellers has offered “no examples of topics on which its position differs from that of the commissioner or upon which its position is unique or distinct,” which is a requirement for being granted leave to intervene in the proceedings.
TREB’s response was originally filed Sept. 15 but it was deemed “confidential” by the court after TREB filed a motion to have Realtysellers’ original lawyers excused from the case. The legal firm had previously worked for TREB and the board claimed there was a conflict of interest.
Dale said he decided to retain new counsel so the case would not be delayed any further. With the new lawyers in place, TREB’s response was released last week.
Realtysellers now has until Oct. 14 to file a reply to TREB’s response. A hearing will be held on Oct. 18 to determine if Realtysellers and CREA should be granted leave to intervene in the case.
