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Real Estate Crisis: Case Against Toronto Real Estate Board Grinds to Halt

Posted by Aliza Xandria Arellano on Sep 22, 2015 06:20 AM EDT
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Toronto is experiencing a real estate crisis as the case against Toronto's Real Estate Board grinds to a halt.

The Federal Competition Bureau wants the Chief Justice of the Federal Court of Canada to be removed from hearing the case. The FCB claims the Chief Justice had an involvement with a similar lawsuit more than a decade ago when he was a lawyer in a private practice as reported by The Globe and Mail, and there for biased to adjudicate the case.

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William Sasso, a lawyer for TREB, stated that he intended to bring a motion asking Justice Paul Crampton to recuse himself because he could appear to be biased. However, Sasso also added, "The real estate board needed more time to go through its records to build its case."

Lawyers for both parties were busy after hearing that statement of Justice Crampton and his early talks with Realtysellers. This same company is now-defunct discount brokerage that charged TREB for alleged anti-competitive practices in 2002.

During that time, Justice Crampton was a partner at Toronto law firm, Davies Ward Phillips and Vineberg LLP, and he specializes in competition law. Justice Crampton explained that he had little to do with the lawsuit filed by Realtyseller since his connection and linkage with the Toronto Law firm ended before the lawsuit was filed.

Justice Crampton then moved to France to become head of outreach of the Organization for Economic Co-operation and Development as revealed by The Globe and Mail.He was then promoted to the Federal Court in 2009 and appointed chief justice by the year 2011.

Justice Crampton had always been vocal not only of this case, but in other issues as well. In 2004, Federal Court of Canada Chief Justice Paul Crampton is pushing back against suggestions of bias in the government's favor following Justice Marc Nadon's failed nomination to the Supreme Court of Canada as reported by Law Times.

TREB and both parties need to build a strong case against the Chief Justice particularly when TREB believes that it can impede their claim for justice.

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