Case information
Consult our database for details on a Supreme Court of Canada case.
37932
Toronto Real Estate Board v. Commissioner of Competition
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2018-09-05 | Close file on Leave | |
| 2018-08-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-08-24 | Judgment on leave sent to the parties | |
| 2018-08-23 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-174-16, 2017 FCA 236, dated December 1, 2017, is dismissed with costs. Gascon J. took no part in the judgment. Dismissed, with costs |
|
| 2018-06-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-03-12 | Certificate (on limitations to public access) | Toronto Real Estate Board |
| 2018-03-12 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-03-12 | Toronto Real Estate Board |
| 2018-03-05 | Certificate (on limitations to public access), 23-B - Documents do not include information subject to sealing, publication or restriction orders | Commissioner of Competition |
| 2018-03-05 | Certificate (on limitations to public access), 23-A | Commissioner of Competition |
| 2018-03-05 | Notice of name | Commissioner of Competition |
| 2018-03-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-03-08 | Commissioner of Competition |
| 2018-02-02 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, (FILE OPENED 2018-02-02) | |
| 2018-01-30 | Certificate (on limitations to public access), (Letter Form), Form 23B | Toronto Real Estate Board |
| 2018-01-30 | Certificate (on limitations to public access), (Letter Form), Form 23A | Toronto Real Estate Board |
| 2018-01-30 | Notice of name, (Letter Form) | Toronto Real Estate Board |
| 2018-01-30 | Application for leave to appeal, (Book Form), (2 volumes), Court of appeal order missing (received 2018-02-06)., Completed on: 2018-02-07 | Toronto Real Estate Board |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Toronto Real Estate Board | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Commissioner of Competition | Respondent | Active |
Counsel
Party: Toronto Real Estate Board
Counsel
Brian A. Facey
Joshua Krane
Kaley Pulfer
199 Bay Street, Suite 4000
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2400
FAX: (416) 863-2653
Email: michael.barrack@blakes.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Commissioner of Competition
Counsel
Andrew Little
Emrys Davis
Suite 3400, P.O. Box 130
One First Canadian Place
Toronto, Ontario
M5X 1A4
Telephone: (416) 777-4885
FAX: (416) 863-1716
Email: rookj@bennettjones.ca
Summary
Keywords
Administrative law – Boards and tribunals – Competition tribunal – Competition Commissioner bringing application against Toronto Real Estate Board claiming anti-competitive policies and practices – What is the appropriate standard for assessing an alleged abuse of dominance? – How do the abuse of dominance provisions apply to an exercise of intellectual property rights in an electronic database, including whether copyright subsists, and where privacy rights are implicated?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant, the Toronto Real Estate Board (“TREB”) is a trade association that operates a multiple listing service for the Toronto area that is not available to the general public. TREB’s database contains information about active and past residential property listings, including information pertaining to historical sale prices. TREB’s members have full access to the database at any time which enables them to attract and provide services to clients. Many brokers operate sections of their websites where their clients can log in and view information on virtual office websites (“VOWs”). The resulting efficiencies enable those realtors to offer their services at a lower cost to clients. TREB has adopted a binding rule, however, prohibiting members from posting historical data for clients on their VOWs. There was no restriction though upon how members may communicate the same disputed data to clients through other delivery mechanisms such as in person, by email, or by fax. The Commissioner of Competition brought an application for an order under s. 79(1) of the Competition Act, R.S.C. 1985, c. C-34, prohibiting TREB from engaging in anti-competitive acts, alleging that its data restrictions for VOWs substantially lessened competition. TREB claimed that the restrictions did not have the effect of substantially preventing or lessening competition, stating that the restrictions were due to privacy concerns and its copyright interest in its database. TREB was found to have engaged in non-competitive practices.
Lower court rulings
Competition Tribunal
2013 Comp. Trib. 9, CT-2011-003
See file
Federal Court of Appeal
2014 FCA 29, A-174-13
See file
Competition Tribunal
2016 Comp. Trib. 7, CT-2011-003
Commissioner’s application granted in part; applicant found to have engaged in non-competitive practices
Competition Tribunal
2016 Comp. Trib. 8, CT-2011-003
Applicant ordered, inter alia, not to exclude disputed data from VOW data feed
Federal Court of Appeal
2016 FCA 204, A-174-16
See file
Federal Court of Appeal
A-174-16
See file
Federal Court of Appeal
A-174-16, 2017 FCA 236
Applicant’s appeal dismissed
Federal Court of Appeal
A-174-16
See file
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available