No reinstatement of license for Ontario realtor

The Appellant, Mr. Lamba, was unsuccessful in appealing a decision of the License Appeal Tribunal.  The Tribunal had refused his application to reinstate his license to become a registered real estate salesperson with the Real Estate Council of Ontario.

Administrative law – Decisions reviewed – License Appeal Tribunal – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness; Real estate agents – Disciplinary

Lamba v. Trust in Real Estate Services Act, 2002, Registrar, [2025] O.J. No. 5008, Ontario Superior Court of Justice, November 19, 2025, F.E. McWatt A.C.J.S.C.J., H.E. Sachs and M.K. McKelvey JJ.

In March 2022, the Appellant, Mr. Lamba, had his license revoked by the Respondent Registrar of Trust and Real Estate Services Act, 2022 (the “Registrar”) because he misused trust funds.

In August 2023, Mr. Lamba reapplied to the Real Estate Council of Ontario (RECO) to become a registered salesperson.  In November 2023, the Registrar issued a Notice of Proposal (NOP) to refuse this registration because:

1 – he had not provided new evidence and it was not clear that material circumstances had changed;

2 – he could not reasonably be expected to be financially responsible; 

3 – his past conduct indicated that he would not carry on business in compliance with the law and with integrity; and

4 – he made a false statement in his license application.

In December 2023, Mr. Lamba filed a Notice of Appeal with the Respondent, License Appeal Tribunal.  The Tribunal held a hearing and denied Mr. Lamba’s appeal.

Mr. Lamba appealed the Tribunal’s decision to the Ontario Divisional Court, pursuant to Section 11(1) of the Licence Appeal Tribunal Act, 1999, S.O. 1999, c. 12, Schedule G.  Mr. Lamba also applied for judicial review. 

The Court considered several grounds.

First, Mr. Lamba argued that he was denied procedural fairness because he was not permitted to retain a court reporter for the appeal hearing.  Mr. Lamba was, in fact, granted this permission.  The Court rejected this argument.

Second, Mr. Lamba argued that he was denied procedural fairness because the Tribunal would not issue a summons to the Registrar to the appeal hearing.  The Court rejected this argument.  The Tribunal provided cogent reasons for this refusal. 

Third, Mr. Lamba argued that he was denied procedural fairness because the Tribunal denied his request for an adjournment at the commencement of the appeal hearing.  The Court rejected this argument.

Fourth, Mr. Lamba argued that the Tribunal erred in dismissing his appeal.  The Court noted that Mr. Lamba left the appeal hearing after his adjournment request was denied.  Mr. Lamba had the onus to prove there was new or other evidence, or other material circumstances had changed since the license revocation in 2022.  Mr. Lamba did not provide any evidence.  The Court held the Tribunal correctly decided that he could not reapply for registration. 

The Court dismissed the appeal and application for judicial review. 

The Court ordered costs to the Registrar in the amount of $2,000.

This case was digested by Scott J. Marcinkow of Harper Grey LLP.  If you would like to discuss this case further, please feel free to contact him directly at [email protected].