By Published On: February 2, 2024Tags: ,

In a notable legal development that has captured the attention of both industry professionals and the public, the Federal Court of Canada has allowed a class-action lawsuit to proceed, which could have significant implications for the real estate industry in the Greater Toronto Area (GTA). Initiated by Mark Sunderland, the lawsuit targets the Toronto Regional Real Estate Board (TRREB), several major brokerages, and the Canadian Real Estate Association (CREA), alleging a conspiracy to artificially inflate the prices of buyer brokerage services.

The Allegations at the Heart of the Case

The statement of claim in the Sunderland v. Toronto Regional Real Estate Board case alleges that the defendants, including major real estate brokerages and associations like TRREB and CREA, engaged in a conspiracy to fix, maintain, increase, or control the prices for buyer brokerage services in the Greater Toronto Area. This purported collusion is argued to violate the Competition Act, as it potentially restricts free market competition and could lead to artificially high costs for consumers using real estate services. The claim outlines specific actions and agreements among the defendants that allegedly contributed to this anti-competitive environment, aiming to prove that such practices had a tangible impact on the market, to the detriment of sellers and buyers alike.

The Court’s Preliminary Findings

Chief Justice Paul Crampton’s decision to allow the lawsuit to proceed is particularly noteworthy. The Court applied a comprehensive approach to assess whether the allegations presented could constitute a reasonable cause of action under the Competition Act. While some claims, particularly those against franchisors, were dismissed, the Court found sufficient grounds to explore the alleged conspiracy among brokerages and associations further.

Implications for the Real Estate Industry

The outcome of this lawsuit could have far-reaching effects on the real estate industry in the GTA and potentially beyond. Should Sunderland’s claims be substantiated, we might see a push for more transparent and competitive pricing structures within the industry, affecting how real estate services are marketed and billed.

Navigating the Legal Complexities

This case highlights the intricate balance between regulatory compliance and competitive practice within the real estate sector. One of the defence strategies might include the Regulated Conduct Defence, asserting that their pricing structures are in line with provincial real estate laws and, therefore, should not be deemed anti-competitive.

Staying Informed with Nirman’s Law

At Nirman’s Law, we understand the importance of this case and its potential impact on our colleagues in the legal and real estate fields. We’re committed to providing clear, insightful analysis on this and other significant legal developments. Our goal is to demystify complex legal proceedings, making them accessible and understandable to everyone, not just legal professionals.

For more updates and expert legal insights, stay connected with us at Nirman’s Law. We’re here to navigate the legal landscape together, ensuring you’re well-informed and prepared for the implications of such pivotal cases.


For ongoing updates and detailed information about the case, please follow it directly on the Federal Court of Canada website.

Please note that this case is currently active, and the details discussed in this article could become outdated as the case progresses. Additionally, the information presented here may not capture all aspects of the case accurately due to the evolving nature of legal proceedings. We encourage readers to conduct their own research to stay informed about the latest developments.

This article is provided for informational purposes only and should not be interpreted as an endorsement of any party involved in the case or as legal advice. For specific legal concerns or advice, please consult with a qualified attorney.

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