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Canada: Tribunal wrong to toss case on technicality, court rules

 |  February 4, 2014

The Competition Tribunal was found to have erred in its decision to dismiss an antitrust case against the Toronto Real Estate Board due to a technicality, the Federal Court of Appeal found Monday.

The appeals court’s ruling is the latest twist in the case that has lasted since 2012 when hearings began against the real estate board for allegations of anticompetitive practices.

The Competition Commission first initiated the case against the Board, and filed an appeal last May when the Tribunal dismissed the case on grounds that it was filed under the incorrect section of Canada’s Competition Act.

In a statement, the Commission said it was pleased with the court’s ruling that will require the Tribunal to take another look at the case.

The Toronto Real Estate Board responded to the development in a statement issued Tuesday against what it claims are efforts by the Commission to “erode” protections of personal information held by the group.

Former Competition Commissioner Melanie Aitken had been looking to require the Board to open its Multiple Listing Service to online competitors before she stepped down from the position.

Full Content: The Star

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