Overview:

Kalloghlian Myers LLP has commenced a class action Toronto Regional Real Estate Board, The Canadian Real Estate Association, Re/max Ontario-Atlantic Canada, Inc. O/a Re/max Integra, Century 21 Canada Limited Partnership, Residential Income Fund L.P., Royal Lepage Real Estate Services Ltd., Homelife Realty Services Inc., Right At Home Realty Inc., Forest Hill Real Estate Inc., Harvey Kalles Real Estate Ltd., Max Wright Real Estate Corporation, Chestnut Park Real Estate Limited, Sutton Group Realty Services Ltd. And iPro Realty Ltd.

This action arises from an alleged conspiracy, agreement or arrangement to fix, maintain, increase, or control the price for the supply of real estate buyer brokerage services in connection with the purchase and sale of residential real estate listed on the Toronto multiple listing service.

The Plaintiff alleges that Toronto real estate brokerages entered into an arrangement that limits competition among buyer brokerages in the Greater Toronto Area. The arrangement fixes, maintains, increases or controls the price for the supply of buyer brokerage services in connection with the purchase and sale of residential real estate in the Greater Toronto Area.

This arrangement has caused the Plaintiff and class members, who are sellers of residential real estate, to pay commissions to buyer brokerages. Absent the arrangement, buyer brokerage commissions would have been paid by residential real estate buyers who use buyer brokerage services, rather than the Plaintiff and class members.

The arrangement has also thwarted competition in the market for buyer brokerage services, causing the Plaintiff and class members to pay a price for buyer brokerage services that is in excess of what they would have paid absent the arrangement.

Class Definition:

This action was commenced on behalf of all persons, wherever they may reside or be domiciled, who sold residential real estate listed on the Multiple Listing Service owned and operated by the Toronto Regional Real Estate Board from March 11, 2010.

Latest Updates:

• September 25, 2023: The Defendants’ motion to strike was dismissed in part and granted in part. A copy of the decision is available here.

• April 9, 2021: The Statement of Claim was filed with the Federal Court.