Law Times

PAGE 10 Board, Competition Bureau at odds over providing information online FOCUS Is TREB's battle about privacy? BY KENNETH JACKSON For Law Times T he web site greets visitors with a menacing-looking man peering out through window blinds with the words "protect your privacy" next to the photo. He' someone spying on people. After all, the web site address, s supposed to represent protectyourprivacy.ca, is about privacy issues. Or is it? That' Estate Board says. It launched the site in what has become a FRED TRANQUILLI ftranquilli@lerners.ca RON DELANGHE rdelanghe@lerners.ca BRAD BAIN bbain@lerners.ca MATTHEW WILSON mwilson@lerners.ca Finding cost-effective solutions for builders and developers in all areas of real estate and land development law. s what the Toronto Real public relations war with a federal regulator. The board is neck deep in a battle with the Competition Bureau over opening up the Multiple Listing Service in the Greater Toronto Area in a legal case that' go forward this year. The federal competition watchdog wants the MLS to be more open to non-traditional brokerages. The board thinks it' fine the way it is. The bureau took action against s the board about a year ago after it passed rules preventing online brokers from sharing information found on the MLS with their cus- tomers through the Internet. "The fact that TREB would fight this when other real estate boards have not, especially with such a poorly thought-out privacy and safety argument, smacks of desperation," said Toronto lawyer Mitch Kowalski. Board president Richard Silver 'This fight shows that TREB is all too willing to sacrifice consumer interests at the altar of greed,' says Mitch Kowalski. said recently the organization is just protecting the privacy of customers on the MLS. "While some material on the Multiple Listing Service is publicly avail- able through realtor.ca, TREB safeguards personal information as guided by privacy legislation," said Silver in one of his columns in the media. "Abandoning these pri- vacy safeguards of MLS threatens the privacy of consumers." The bureau filed a complaint London: 519 672 4131 www.lerners.ca Lerners_LT_June11_12.indd 1 GAIN COMMAND IN ANY COMMERCIAL REAL ESTATE DEAL NEW EDITION THE ART OF THE REAL ESTATE DEAL, 3RD EDITION BARRY D. LIPSON, Q.C. The Art of the Real Estate Deal, 3rd Edition is a clearly and concisely written guide, consolidating the various aspects of commercial real estate transactions in one volume. WHAT'S NEW IN THIS EDITION The third edition has been significantly expanded and updated to include the following: ORDER # 983674 $153 Softcover + CD-ROM approx. 380 pages September 2011 978-0-7798-3674-1 • A new section on the use of leverage in Chapter 2 – Property Valuation • A new section on break-even ratios in Chapter 3 – Risk Assessment • Updated pro forma for both subdivision and condominium development in Chapter 4 – Land or Site Valuation • A new section on acting in good faith in Chapter 8 – Preliminary Considerations • Substantial updates to Chapter 9 – Choice of Entity, relating to the acquisitions by a partnership and by a corporation, the tax consequences of each, and a new section on Joint Ventures • New precedents – partnership agreement and co-ownership agreement, and provisions relating to good faith and arbitrations AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com 12-06-06 9:16 AM with the Competition Tribunal against the board on May 27, 2011, with the goal of prevent- ing what it calls anti-competi- tive practices. The board is the largest in to members. The information is more detailed than what' "The restrictions are a practice of anti-competitive acts, the purpose and effect of which is to discipline and exclude member brokers who use non-traditional methods. If a broker does not abide by the restrictions, TREB can terminate the broker' tion to pass freely on the Internet through virtual offices, the bureau argues customers can make an informed decision. It could also ultimately limit the use of an agent who can make up to a five-per- cent commission on a sale. Traditionally, agents have MLS system — and has done so." By allowing that s access to the TREB informa- given the information to custom- ers by hand, mail, fax or e-mail. "TREB' Canada and operates the Toronto MLS system. It' tices effectively prevent agents from providing the same MLS listing information to custom- ers via a password-protected web site, " s anti-competitive prac- on public sites, such as realtor.ca, that list houses for sale. It contains listings and negotiated prices, as well as the amount of time a prop- erty has been on the market. "TREB is clearly desperate s only available s available to kill any innovation or com- petition that would reduce the role of real estate agents and, by extension, the large com- missions paid to them in the Toronto market," says Kowalski. The information at stake is vital in the process of buying and selling. "Today, consumers are demanding a greater selection of service and pricing options when buying or homes and many agents are eager to accommodate them," said Melanie Aitken, commissioner of competition, in a release last year. "Yet TREB' selling their Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. As a result, there are currently no [virtual office web sites] operating in the Toronto real estate market that enable customers to search a full inventory of listings." Silver said a recent opinion " the bureau's release asserted. s set to June 11, 2012 • Law Times poll suggests Ontarians agree with the board. One of the ques- tions, he noted, asked whether respondents felt realtors should, as much as possible, keep per- sonal information disclosed dur- ing the buying or selling of a home confidential. "Some 75 per cent of Ontarians answered yes while only 25 per cent answered no, "The overwhelming majority of Ontarians want information kept confidential." Silver said realtors "subscribe their personal to a code of ethics and have an obligation to protect consumers' personal information." But Kowalski also points out ues to impose anti-competitive restrictions on its members that deny consumer choice and stifle innovation." Because of the board' s leadership contin- tices, agents can't share the data with customers s prac- word-protected platforms known as virtual office web sites, she said. The bureau' through pass- s court filing states: www.lawtimesnews.com the agent already gives the infor- mation the board is trying to pro- tect to homebuyers. All they have to do is ask for it. "This fight shows that TREB is all too willing to sacrifice con- sumer interests at greed," he says. vide the information in a respon- sible way. A hearing is set for September LT But Silver said the agents pro- in Toronto between the board and the bureau. the altar of " he said.

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