Simon's Megalomaniacal Legal Resources

Fairness - Tribunal's Burden of Proof

. Deeb v. Real Estate Council of Ontario [role of admin appeal tribunal]

In Deeb v. Real Estate Council of Ontario (Ont Divisional Ct, 2025) the Divisional Court dismissed a real estate agent's JR, here challenging the decision of the "Discipline Committee of RECO" that the applicant had "breached RECO’s Code of Ethics".

The court considered the role of the RECO Appeals Committee, here styled as a fairness issue analogous to one of burden of proof:

Procedural Fairness

[25] Ms. Deeb’s main submission with respect to procedural fairness is that to prove its case RECO had to prove the allegations as they were set out in the Allegation Statement. According to Ms. Deeb, these allegations are analogous to particulars in an indictment in a prosecution. RECO did not prove the case as set out in the Allegation Statement and therefore the complaint against Ms. Deeb should have been dismissed.

....

[30] .... The proceedings were not a criminal prosecution, and the Allegation Statement is not the equivalent of particulars in an indictment. Well before the actual hearing of the matter on the merits, Ms. Deeb was aware of the details of the allegations the Complainants were making. The fact that these details may have changed was a matter that Ms. Deeb could and may have pursued in trying to undermine the credibility of the Complainants. The Discipline Committee ultimately accepted the evidence of the Complainants and found that Ms. Deeb had breached the Code. It was entitled to do so even though the Complainants’ evidence as given at the hearing did not accord with the particulars set out in the Allegation Statement. Ms. Deeb had adequate notice of the case she had to meet and an opportunity to test that case and put her own version before the Discipline Committee. There was no breach of procedural fairness.