Our fictional members have been through the investigation and hearing process, and the hearing panel’s decisions have been made. 

Now, Ryerson and Trey must decide if they want to appeal the decision. There are three reasons they could appeal, called grounds of appeal.

• The hearing panel misapplied or misinterpreted a CREB^® Rule or the REALTOR^® Code.
• There was a procedural issue (so the hearing panel didn’t follow their own process).
• The penalty issued was inappropriate.

Decision Details

Scooping Sellers

Trey admitted he broke a CREB^® Rule when he sent a letter to Syed’s client in hopes of converting the sellers to his clients. He went to a penalty hearing, and the hearing panel decided this was his penalty:

• Complete the REALTOR^® Code of Ethics online course
• Assessed costs of $930
• Fine of $2,500

After reading the decision, Trey has decided to accept his penalty and emailed CREB^® to let us know.

Supervision Shortage

Marren proved that her seller didn’t permit Ryerson to have his assistant give the keys to the home inspector or leave the home inspector alone on the property. Ryerson was given penalties for each violation.

• Having the assistant give the keys to the home inspector without permission
  • Take the CREB^® unlicensed assistant course
  • Fine of $1,000
• Leaving the home inspector alone without permission
  • Assessed costs of $1,950
  • Fine of $2,500

Ryerson is unhappy with this decision, and after learning how to appeal the decision, he does. He sends CREB® his notice of appeal, which includes his grounds of appeal and reasons for appeal and lets CREB^® know that he will bring a lawyer to the appeal. He drops off his $500 filing fee to CREB^® within 20 business days after receiving the decision letter.

What is an appeal?

When someone appeals a decision, they must prove that an error was made in the original hearing; the panel didn’t follow the process, for example, or the penalty was unfitting. Using the existing information, the recipient of the penalty (now called the appellant) must convince three new panel members that something went wrong and the decision needs to be changed.

It’s important that our fictional appellant, Ryerson, understands an appeal is not a new hearing or a re-hearing. He can’t give any new information to the appeal panel; he must only use the information from the original hearing.

The appeal

Ryerson has met with his lawyer before the appeal to prepare. While his lawyer attends and can advise Ryerson throughout the hearing, Ryerson is still the one who’s responsible for presenting his case.

The appeal hearing will follow the same process as the original hearing, and when the chairperson gives him a chance to present his case, he dives right in and explains that the penalty he was given was far too severe. He remembered referencing information from the first hearing and shared why he thinks his penalties need to be reduced.

After Ryerson presents his case, the panel takes a break, and when they return, they have some questions for Ryerson. Shortly after, Ryerson summed up his case, and the hearing was over.

The results are in…

After waiting a two weeks, Ryerson and his broker, Quinn, receive the appeal hearing decision.

• Having the assistant give the keys to the home inspector without permission
  • Take the CREB^® Unlicensed Assistant Course - unchanged
  • Fine reduced to $500, instead of $1,000
• Leaving the home inspector alone without permission
  • Assessed Costs of $1,950 - unchanged
  • Fine of $2,500 - unchanged

Additionally, Ryerson’s $500 filing fee will be applied to the assessed costs.

CREB^® knows the complaint process can be stressful and unfamiliar to members who have to go through it, and we’d like to provide enough information about the process so members aren’t as unsettled as they navigate the different stages.

As with our fictional characters, Trey and Ryerson, their paths looked much different, and while the process is the same for all members, their experiences will be unique to them.

While we’re creatively sharing the different phases of formal complaints through our fictional situations and members, we understand that filing a complaint or having a complaint against you can be worrying.

Suppose you are facing a stressful situation like the one we’re sharing and need additional support. In that case, CREB^® members have access to the REALTOR^® and Family Assistance Program, which provides professional and confidential short-term counselling to navigate a wide variety of issues.

Thanks for following along in this journey through the complaint process. If you have additional questions, please get in touch with us at crebmp@creb.ca.