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Real Property - RECO - Standard of Review. Smith v. Real Estate Council of Ontario
In Smith v. Real Estate Council of Ontario (Div Court, 2024) the Divisional Court dismissed a JR challenging a RECO (Real Estate Council of Ontario) Appeal Panel disciplinary decision. These review cases are few in the courts.
Here the courts sets out both the court judicial review (JR) - and the RECO Appeal Panel - standards of review for such RECO matters:B. Standard of Review
[5] The standard of review in this case is reasonableness. The burden is on Ms. Smith to establish that the Appeal Panel’s decision was unreasonable. We must not ask ourselves whether the Appeal Panel reached the correct or best answer. Rather, we must ask whether the reasons and outcome were reasonable. A decision will be reasonable if it is rational, logical and justified in relation to the applicable facts and law. This Court will only intervene if there is no line of analysis that could reasonably support the Appeal Panel’s findings: Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 at paras. 99 to 107.
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[8] Deference is owed to the Discipline Panel’s decision. This Court should only interfere with the Discipline Panel’s ruling on the admissibility of evidence if it is “clearly unreasonable, contaminated by an error in principle, or reflective of a material misapprehension of evidence”: R. v. Abdullahi, 2021 ONCA 82 at para. 35, R. v. Shafia, 2016 ONCA 812 at para. 230, Connor Homes v. Director, 2021 ONSC 3195 at para. 55, Penner v. Niagara (Regional Police Services Board), 2013 SCC 19 at para. 27.
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