Information Sheet – Appeals under the Trust in Real Estate Services Act, 2002

Disponible en français

Introduction to Trust in Real Estate Services Act, 2002

The Trust in Real Estate Services Act, 2002, establishes a regulatory scheme for real estate brokers and salespersons in Ontario. The Real Estate Council of Ontario is the authority under the Trust in Real Estate Services Act, 2002 with the responsibility of enforcing the rules that real estate salespeople, brokers, and brokerages must follow.

Hearings and Appeals under Trust in Real Estate Services Act, 2002

Who Can Appeal?

A party who applies for a registration, or who is currently registered under the Trust in Real Estate Services Act, 2002, can appeal the following orders by the Registrar to the Licence Appeal Tribunal (LAT):

• Suspension of a registration for any reason listed in Section 10(1) of this statute;
• Revocation of a registrant's registration for any reason listed in Section 10(1) of this statute;
• Refusal to register a party for any reasons listed in Section 10(1) of this statute;
• A final order of the discipline committee under Section 21(6) of this statute.

Authority of the LAT

The following are the authorities of LAT:

• Order the Registrar to carry out the proposal;
• Substitute its opinion for that of the Registrar;
• Attach conditions to its order or to a registration;
• Overturn, affirm or modify the final order of the discipline committee and may order anything which may be ordered by the discipline committee under Section 21(3) of this statute.

How to Appeal

A party appealing an order to suspend, revoke or refuse registration has 15 days from the date that they were served with the notice of proposal to submit their appeal to the LAT.

A party appealing a final order of the discipline committee has 30 days from the date they were served with the final order to submit an appeal to the LAT.

If the appeal is filed after the relevant deadline, a Notice of Motion requesting an extension of time to file the appeal must be included.

You must complete and submit the Notice for Appeal form to LAT. Appeals can be filed with the LAT via e-mail to LATregistrar@ontario.ca, or via mail to: 15 Grosvenor Street, Ground Floor, Toronto, ON M7A 2G6 . To ensure your appeal is complete, please ensure you have included the following documents:

• A completed Notice for Appeal
• A copy of the Notice of Proposal, Decision or Order
• Filing Fee (do not include the fee if filing by e-mail. The Tribunal will contact you regarding payment once the Appeal is opened)
• Certificate of service, which can be found on the Forms page
• Notice of Motion to extend time if the appeal is file after the 15 or 30 days

Additional Resources

The LAT website has additional Information Sheets, Rules of Practice, Practice Directions, FAQs and other useful information.

This information sheet is intended to provide general information. It does not constitute legal advice. If you wish to obtain legal advice, you should consult a person licensed by the Law Society of Ontario.