Sadie Moranis Realty Corporation (Prudential Sadie Moranis Realty) v. Ontario (Real Estate and Business Brokers)
The appeal was dismissed because there was no live lis or justiciable controversy — the registration had been revoked and the declaration sought would require addressing an abstract question dependent on the Registrar's administrative conduct, which the court declined to do.
Source-derived case information.
- Citation
- 2010 ONCA 614
- Parties
- Appellant: Sadie Moranis Realty Corporation carrying on business as Prudential Sadie Moranis Realty; Respondent: The Registrar of Real Estate and Business Brokers
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 23 September 2010
- Procedural Posture
- Appeal / Decision of the Court of Appeal Dismissing Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Declaratory Relief, Registration of Brokers and Salespersons, Real Estate Brokerage Regulation, Mootness/justiciability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sadie Moranis Realty Corporation carrying on business as Prudential Sadie Moranis Realty
Appellant
The Registrar of Real Estate and Business Brokers
Respondent
Procedural Posture
Appeal / Decision of the Court of Appeal Dismissing Appeal
Legal Issues
- 1 Whether a court may grant declaratory relief absent a live lis or justiciable controversy
- 2 Whether under the Real Estate and Business Brokers Act, 2002 a broker or salesperson ceases to be registered with a brokerage once employment terminates
Ratio Decidendi
The appeal was dismissed because there was no live lis or justiciable controversy — the registration had been revoked and the declaration sought would require addressing an abstract question dependent on the Registrar's administrative conduct, which the court declined to do.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs to respondent fixed at $15,000 inclusive of disbursements and applicable taxes
Full Case Text
Judgment text and source record
1 paragraphs
Sadie Moranis Realty Corporation (Prudential Sadie Moranis Realty) v. Ontario (Real Estate and Business Brokers) Collection Decisions of the Court of Appeal Date 2010-09-23 Neutral citation 2010 ONCA 614 Docket numbers C51655 Judges Weiler, Karen Merle Magnuson; Laskin, John Ivan; Goudge, Stephen Thomas Subject Civil Decision Content CITATION: Sadie Moranis Realty Corporation (Prudential Sadie Moranis Realty) v. Ontario (Real Estate and Business Brokers), 2010 ONCA 614 DATE: 20100923 DOCKET: C51655 COURT OF APPEAL FOR ONTARIO Weiler, Laskin and Goudge JJ.A. BETWEEN Sadie Moranis Realty Corporation carrying on business as Prudential Sadie Moranis Realty Applicant (Appellant) and The Registrar of Real Estate and Business Brokers Respondent (Respondent) Randy A. Pepper, for the appellant Christopher D. Bredt and Denise L. Bambrough, for the respondent Heard: September 20, 2010 On appeal from the order of Justice Romain W.M. Pitt of the Superior Court of Justice, dated January 12, 2010. APPEAL BOOK ENDORSEMENT [1] The appellant appeals the order dismissing its application for an interpretation of certain provisions of the Real Estate and Business Brokers Act, 2002 (“REBBA”). The appellant sought a declaration that “once a broker or salesperson is no longer employed by a brokerage to trade in real estate, that broker or salesperson is no longer registered with the brokerage.” The motions judge found that there was no dispute or lis between the parties, and so declined to grant declaratory relief. [2] We agree with the motions judge. There is no lis here. Stephen Moranis’s registration has now been revoked. There is now no longer any live issue concerning the appellant and its employees and the Registrar. The issue that the appellant seeks to raise is largely dependent on the manner in which the Registrar chooses to treat the notification of loss or termination of employment. The question that the appellant seeks to have the Court answer cannot be addressed in the abstract. [3] Accordingly, we dismiss the appeal. Costs of the appeal and of the motion respecting the length of the factum are to the respondent and are fixed at $15,000 inclusive of disbursements and applicable taxes.