As president of the Ontario Real Estate Association (OREA), Rick Kedzior wants to concentrate on the organization’s member-focused strategic plan. His goal is to guide it to deliver its mission of supporting realtors in helping people find a home.

“I just want to leave organized real estate in a better place than I started four years ago (as a member of OREA’s board),” he states.

 

What OREA’s been up to

 

Kedzior says this has been working out, although the provincial association had “a bit of a rough year” in 2023 with the Ontario Realtor Wellness Program.

“Some of our members weren’t in favour or big supporters of it. That made it a bit of a tougher year. So this year, we’re out there mending some fences, improving our brand, providing guidance for our membership to continue to raise the bar on professional standards and advocating for home ownership policies,” he explains.

Kedzior notes the three pillars of the organization are advocacy, forms and clauses, and leadership training for all 29 real estate boards in the province.

 

Housing affordability: Ontario industry’s biggest challenge

 

As for the biggest challenge faced by the Ontario industry today, he says it’s the affordability issue.

“I’ve got a couple of kids in their early 30s. I look at them and what the real estate market in Ontario has done since 2021 when there was a big change in terms of pricing and craziness, and I wonder if my kids are ever going to be able to afford homeownership. That’s a real concern for me and I think for a lot of people,” says Kedzior. “This is definitely a concern for us at OREA.”

 

A 30-year career including giving back to the profession

 

Kedzior has been active in the real estate profession since 1994. He’s a Broker with Re/Max Aboutowne Realty Corp., Brokerage in Oakville, and a member of the Oakville, Milton and District Real Estate Board (OMDREB), where he was president in 2018 and 2000 and served as chair on various committees, including MLS, By-law and Professional Standards.

Kedzior also previously served as president of the Oakville Chamber of Commerce and director at the Ontario Chamber of Commerce. He recently served as director-at-large and president-elect at OREA. Then, he joined OREA’s board in 2020 and became president earlier this year.

“I’ve always been a volunteer. I’ve always thought that you need to give back to the profession that you’re in,” says Kedzior.

He believes real estate is all about meeting people and developing relationships. “The more people you know, the better off you’re going to be in terms of helping them. But that’s not the reason why I volunteer. I’m just a consummate volunteer. I think you’ve got to give back, try to make the profession better when you leave it.” adds Kedzior. 

He says some of the newer agents don’t have an interest in volunteering, which to him is “scary.” For example, OREA needs volunteers to keep the organization going. “It’s not always about making money. It’s about giving back. To me, it’s been a great career in real estate so I feel obligated to volunteer as well.”

 

‘Working with the public … something I enjoyed from banking days and I always had this fascination about real estate’

 

Kedzior was born and raised in Hamilton, where his parents immigrated in 1949. During World War II, his parents were each captured by the Germans and ended up working on a labour farm in Germany, where they met. His father was Polish and his mother was Ukrainian. They married in Germany and came to Canada after the war.

Kedzior’s background prior to real estate is in the financial field. He explains he managed a couple of community credit unions, one of which was in Oakville.

“When Re/Max opened up their branch or offices in Oakville, I established a relationship with the owner. He ended up banking with me so I had their trust and general accounts and handled all their banking needs,” he says.

Then, after five years of managing their accounts, the owner talked Kedzior into becoming a realtor. “I always enjoy working with the public. That was something I enjoyed from my banking days and I always had this fascination about real estate.

As a banker, I dealt with a lot of his agents financially as well, so I thought this looked really easy, real estate. Little did I know that looking from the outside in, it was easy to think that but it was not as easy as I thought it was. It wasn’t easy at all. I thought if I don’t take the plunge now I probably would never be able to.”

At that time, Kedzior was married with two young kids. He wondered what he should do. Ask his wife about changing careers knowing she was risk-averse and that she’d probably say no? Instead, one day he came home and told her this was what he was doing. In sharing this story, he jokes about the saying, “It’s better to seek forgiveness than seek permission.”

“She’s still my wife, that’s one good thing,” laughs Kedzior. “She wasn’t too happy about going from an every two weeks paycheque to commission, but it all worked out.”

 

The Toronto Regional Real Estate Board (TRREB) has launched a case against two Ontario realtors, and two additional (unknown) defendants.

Court documents provided to REM state that the defendants — Sandra Maher and Penny Dutkowski, who are not TRREB members, along with two unknown individuals — used TRREB’s confidential or proprietary information to communicate with TRREB members. This includes via websites like nomandatoryorwp.ca and change.org/p/say-no-to-mandatory-realtor-benefits-orwp.

 

TRREB’s claim

 

TRREB’s Statement of Claim says, “All of the Defendants used TRREB content without authorization, including links to TRREB’s proprietary and confidential material.”

The claim goes into specifics of this, including that defendants “opposed ORWP and engaged in efforts to stop the implementation of ORWP applying to all Ontario realtors. The Defendants, and others, created a Meta Facebook page called “OROMOO” … stated to be an acronym for: Ontario Realtors Opposed to Mandatory OREA ORWP.

However, rather than the Meta Facebook page being directed at OREA, it was directed at TRREB, its officers, directors, members and employees. The OROMOO Meta Facebook page became a forum for libelous, slanderous and defamatory posts about TRREB, its officers, directors, employees and suppliers.”

Among other things, TRREB is claiming “$1 million for civil conspiracy, wrongful interference with economic relations, tortious interference and wrongful interference with contractual relations,” and, “In relation to any Defendants who are former TRREB members, damages in the amount of $1 million for breach of contract, and breaches of their membership obligations.”

About the case, John DiMichele, TRREB CEO, says, “Out of respect for the legal process, we will not be commenting considering that the matter is before the courts.”

 

Dutkowski and Maher’s defense

 

Dutkowski and Maher’s Statement of Defence states they “deny each and every allegation in the Statement of Claim, unless expressly admitted herein, and put the Plaintiff to the strict proof thereof.”

It explains that TRREB is a trade association operating on democratic principles that represents more than 70,000 real estate agents and brokers practicing in the GTA and that it’s also a constituent board of OREA, a professional association that represents real estate brokers and salespeople across Ontario.

“OREA is also a democratic institution that represents the interests of its members … This lawsuit is about that democratic process. TRREB takes issue with the fact that the Defendants sought to influence OREA policy in a manner that the TRREB Board of Directors did not like.

Specifically, the Defendants Penny Dutkowski and Sandra Maher – two long-time realtors and senior members of the profession – opposed the introduction of a mandatory health benefits plan that they felt would harm them and other more senior members of the profession (and in particular senior citizens).

TRREB now brings this lawsuit to silence dissent and to intimidate the Defendants and other realtors in Ontario. In reality, this claim is a political dispute disguised as a tort claim and bears all the hallmarks of strategic litigation against public participation (SLAPP). It should be summarily dismissed.”

 

Statement from defendants’ lawyers

 

Dutkowski and Maher are being represented by lawyers Robert Stellick and Simon Bieber of Adair Goldblatt Bieber LLP in Toronto. They made the following statement on behalf of their clients:

“As the Statement of Claim makes clear, our clients have been sued by TRREB for their efforts to overturn the OWRP. The specific claims being made against them are set out in the Statement of Claim.

As the Statement of Defence makes clear, it is our view that this lawsuit has no merit and has been brought to silence and intimidate our clients and other realtors in Ontario. We intend to bring an ‘anti-SLAPP’ motion to seek to have the claim summarily dismissed.”

 

What is a SLAPP suit?

 

A SLAPP suit (Strategic Lawsuit Against Public Participation) is defined by the Toronto Metropolitan University’s Centre for Free Expression as follows:

“SLAPPs are lawsuits brought by individuals, corporations or others to intimidate and silence critics by forcing them into legal battles that would be extremely costly and time-consuming to fight. The goal was not to obtain justice; it was to exhaust, defeat and intimidate their critics into being silent.

A typical example is publishers, newspapers or media outlets being sued to stop publications which expose corporate or political wrongdoing. Similar tactics are used to mute the voices of community activists and researchers who are exposing harms from development projects or toxic chemicals or corporate malpractice.”

 

The Ontario Real Estate Association (OREA)’s controversial Ontario Realtor Wellness Program (ORWP) has experienced a successful first quarter since its launch this year, according to the organization.

 

‘A very good sign for a newly implemented program of this size and scope compared to peers across the industry’

 

OREA says the health and wellness benefits program has had more than 68,000 health claims and 61 travel claims, while 32 families have had life insurance coverage support in their hour of need, more than 355 general practitioner consultations have taken place (with only an eight-minute wait time) and more than 810 mental health consultations have been conducted for members.

As for how this usage stacks up against expectations, the association is pleased: “We designed a program that we knew would help our members and what we’ve seen so far is a very good sign for a newly implemented program of this size and scope compared to peers across the industry.”

The program, administered by Comprehensive Benefit Solutions, became mandatory on January 1. Tim Hudak, CEO of OREA, says it was designed to be helpful for its members and their families to give them a safety net for health benefits and insurance.

“It’s been incredible to see how many Ontario realtors are already benefitting from the support offered through the ORWP,” he notes.

“When we surveyed our members we found out that close to 60 per cent did not have any kind of health care coverage and up to 40 per cent reported they didn’t have access to life insurance. So they’re walking a tightrope every day because they love the profession, they love helping their clients, but they were putting their health and financial circumstances and those of their families at risk.”

 

Biggest challenge in launching

 

The biggest challenge in launching and implementing the program, Hudak explains, is the fact that OREA has been the first. He says implementation has been a learning process. “Things could always go smoother when it comes to implementation but given how many people have benefitted from the program already, I suspect to see other professional associations follow.”

Hudak stresses, “This has been the largest onboarding of a health and insurance program in Canada — one of the largest of the last couple of decades. Almost 100,000 members are now covered by this program. And it’s a huge program. There’s a complexity as well because we basically have 29 member boards that are 29 different corporations, all with their own sets of data and ways of doing things.”

With nearly 100,000 members, he says it was challenging to ensure everyone saw their welcome emails, could register for the system and were supplied the information needed to get the benefits. “That’s going to be a challenge for any kind of insurance program, let alone one of this size.”

He admits that with the member boards’ various approaches and data, ensuring information was accurate did cause growing pains early in the process and longer waits for service.

Despite the implementation challenges, he notes, “We’ve done it, and (individuals) in real estate and their families are now seeing the benefits.”

 

Good feedback and thanks from members

 

Hudak says OREA has received a lot of positive feedback and thanks from members because of the program, particularly from members who did not have a benefits program before. Many are also finding it to be user-friendly and a streamlined experience in getting claims approved or access to benefits.

“There have been some very touching stories of realtors with pre-existing conditions, for example, (victims of) cancer or a heart attack, who couldn’t find insurance to save their lives. Now, because of the ORWP and the support of their fellow realtors, they have a support package when it comes to health and life insurance,” he says.

With the implementation challenges smoothed out, “I’m pleased to say by investing wisely in resources for the program, our wait times are down to about three minutes when you call or within five minutes if you request a call back for support from the program.”

 

‘Fear-mongering’ from those opposed

 

Hudak notes there was a lot of fear-mongering from those opposed to the program, suggesting that thousands of realtors would have their benefits from their existing programs cut off. 

“That simply has not been the case. We’re not aware of a single realtor member who has been kicked out of their existing program because of the ORWP,” he says.

“We’re seeing more and more realtors benefitting from this program each and every day. The foundational decision to have it as an all-in program that’s a safety net for realtors — whether (they) work for a large brokerage or small, in a big city or a small town — has demonstrated to be a success.”

 

Positive user experiences

 

Lana Morgan, realtor with Royal LePage Key Realty in Sarnia, Ont., says she has advocated for the program from the beginning. Her son, who is also a realtor, suffers from epilepsy.

“For him, it was coverage that he would never, in a normal circumstance, be able to afford nor would he possibly even be able to obtain it no matter what the cost,” explains Morgan, who has not yet submitted a benefit claim.

“Myself, personally, the $100,000 in life insurance was about a third of the cost of me getting it elsewhere. I did not need dental or prescriptions because I am covered under my husband’s policy for that, but it’s everything else. At some point, I could still need that … Living in a border city, we go to the United States all the time (and) that extra coverage is nice to have.”

Kevin Thompson, a realtor with Re/Max Prime Properties Unique Group in Sarnia, says he has used the medical claims in the program for prescriptions. “And honestly we’ve had no issues. Getting things set up I struggled a little bit but that was on me,” he recalls. “The help desk that day was fabulous in walking me through it … Overall, my experience with it has been positive.

For us, it’s an added insurance. Hopefully, we never have to use it but for us it’s affordable … We welcomed the program right from the start (and have) been in full support of it since day one … It’s going to help a lot of people and for that, I’m thankful we have it.”

 

‘Seems to be something that people are not talking about as much’

 

Karen Yolevski, COO, Royal LePage Real Estate Services Ltd., says she hasn’t heard a lot from realtors following the ORWP’s implementation.

“Since it’s been implemented, other than a couple of administrative questions, people asking how they sign up or how they access information, submission of claims, we haven’t really heard too much,” she notes. “I’ve heard a few anecdotal stories about people successfully submitting claims and receiving benefits. So that’s great news that people are taking advantage of the plan but otherwise it seems to be something, now that it’s in effect, that people are not talking about as much.”

 

Program opposition continues

 

Despite OREA’s success with the ORWP, there continues to be opposition to the program, which costs OREA members about $660 annually for the standard plan in addition to regular OREA dues of $110.

A GoFundMe page has been set up to raise money for legal action. A complaint has been filed to the Human Rights Tribunal of Ontario (HRTO). A petition was also launched about the mandatory nature of the program. 

The GoFundMe page, as of April 15, has raised $152,280 of a $350,000 goal. Those funds are supporting the legal challenge by McMillan LLP in Toronto with HRTO, alleging age and disability discrimination.

 

‘Ready to pursue applications at whatever pace the Tribunal sets’

 

Rachel Wong, associate with McMillan LLP, says the matter was brought before HRTO in November 2023, asking the Tribunal to expedite the proceeding and to provide immediate relief to realtors. 

“Both of those steps were opposed by OREA and so at this point we remain ready to pursue the applications at whatever pace the Tribunal sets for them to be heard,” Wong explains.

“There is a GoFundMe that was started in the fall of last year and if realtors wish to continue to support those steps it does remain open (to) support our effort.

We just remain at the ready to take steps that are required to get this matter to a hearing and be adjudicated. We regularly hear the frustrations of realtors and we really want to pursue those next steps.”

 

Petition garnered 18,890 signatures so far

 

Liz Polak, realtor with Century 21 Miller Real Estate in Oakville, Ont. and one of the organizers of the GoFundMe campaign, says the ORWP will adversely affect the lives of thousands of professional real estate agents and their families. “I get emails from members all the time. (They’re) literally crying about this.”

Polak says all agents over the age of 65 will have to pay the same fees for the mandatory ORWP but will receive reduced benefits in return, and that reduced benefits or outright termination of some OWRP benefits will be automatically applied at age 65, 70 or 80.

A petition against the ORWP, started in June 2023 and organized by Tina Forte, sales representative with Red and White Realty Inc. in Waterloo, has gained 18,890 signatures so far. The text accompanying it says not being a member of OREA affects a person’s ability to trade in organized real estate and that, “How OREA has the authority to meddle in a self-employed individual’s personal choices that aren’t real estate related is still baffling.”

“The fact that if we don’t participate we lose our local board affiliation, that’s bad enough because our local boards provide a whole lot of resources for us,” Forte shares. “But we also lose OREA and CREA (Canadian Real Estate Association). We lose the OREA (or) Ontario forms. We lose the realtor designation … It’s not right that they’ve tied it to our ability to do our job.”

 

OREA’s response

 

In a statement, OREA says it cannot comment on ongoing matters before the courts and/or any tribunal.

However, it mentions, “As indicated in the research findings of a member survey done in 2019, over half of OREA members reported that a ‘Safety Net’ package was very important.”

The statement also talks about the Realtor Wellness Task Force: “In February 2023, the OREA board of directors appointed the Realtor Wellness Task Force to examine the viability and scope of a province-wide insurance and benefits program for all OREA members. The Task Force was comprised of realtor volunteers from across the province, covering all OREA regions.”

OREA points out that results of a survey (available from April 28 to June 20, 2023) indicate the majority of realtors did not have the specific types of insurance coverage that are included in the ORWP’s standard plan (for example, 73 per cent of members had no critical illness insurance coverage and 60 per cent had no healthcare coverage).

 

Going forward, Hudak mentions that OREA will always look at the program to see if there are additional benefits they can provide, if there are benefits not being utilized and if they need to substitute a new benefit. “But we’ll need some more data before we would turn our minds to those types of enhancements,” he says.

 

The Ontario Realtor Wellness Program (ORWP) is a program from the Ontario Real Association (OREA) that provides health benefits to all OREA members.

• How the ORWP and its task force came to be
• ORWP approved at OREA meeting
• What does the ORWP include?
• How much does the ORWP cost?
• Community response to the ORWP
• Board-level opposition to the ORWP
• Toronto Regional Real Estate Board’s influence on the ORWP
• Survey insights: Realtor opinions on the ORWP
• WRAR to not invoice for the ORWP
• Looking ahead: The ORWP’s future amid controversy

 

How the ORWP and its task force came to be

 

In early 2023, at the direction of its member boards, OREA created the Realtor Wellness Task Force. Its goal was to examine the viability, feasibility and scope of a province-wide insurance and benefits program for all OREA members — the ORWP.

A first of its kind in North America, the ORWP is meant to address the issue of many realtors lacking private health insurance by offering a comprehensive benefits package. It commenced on January 1, 2024.

While individual boards in Ontario have previously investigated implementing such a program at a local level, harnessing the collective bargaining strength of the entire OREA membership was believed to be the best option for providing affordable coverage.

The task force was co-chaired by OREA past-president Stacey Evoy and Toronto Regional Real Estate Board (TRREB) past-president Kevin Crigger.

Tania Artenosi, OREA president, notes surveys indicated that far too many of its members didn’t have private health insurance and that a safety net was a top desire.

In a video message to the province’s boards, Artenosi says: “Offering a plan of this calibre at such a low cost requires the buying power of 96,000 members meaning, if approved, the ORWP standard plan will be mandatory for all OREA members, and all OREA members will pay the same, regardless of age.”

 

ORWP approved at OREA meeting

 

On June 20, 2023, OREA held a special general meeting (SGM) for Ontario boards to vote on having the ORWP. Only member board nominees with voting rights, directors, executive officers and past presidents were able to participate.

The result was nearly 80 per cent of votes from the province’s 34 member boards supporting the program, which would make it mandatory for members on January 1, 2024.

 

What does the ORWP include?

 

The ORWP is available to all OREA members in Ontario and includes:

• life insurance
• critical illness insurance
• out-of-country emergency medical travel insurance
• accidental death and dismemberment insurance

Some benefits will be reduced for those aged 65 and over. Program specifics can be found on OREA’s website.

A member and family assistance program option is also available. This provides virtual mental health support and healthcare coverage, including prescription drugs capped at $750, paramedical services (chiropractor, massage, and several others) capped at $750 and medical supplies capped at $500.

The program requires Ontario OREA members to participate or lose their association membership, even if they already have coverage through another provider or a spouse’s plan.

 

How much does the ORWP cost?

 

Per member, the ORWP’s cost is expected to be about $660 annually for the standard plan. This premium is in addition to regular OREA dues of $110. OREA confirms that for members to be in good standing, both of these fees (plus HST) must be remitted.

Local boards are responsible for collecting the dues and remitting them to OREA. So, “The $659.88 portion of the 2024 OREA dues representing the ORWP annual premium is collected from individual members by their payee member board and remitted to OREA monthly,” OREA states. OREA then sends the collected premium for enrolled members to the insurance carriers each month.

Based on the current membership of approximately 96,000, the ORWP will create an additional $63.3 million in dues collected. 

 

Community response to the ORWP

 

The implementation of the ORWP has evoked a wide range of reactions among members of OREA. Notably, a substantial number of realtors have actively opposed the program. This opposition has manifested through various forms of engagement, including the signing of petitions, participation in dedicated Facebook groups and attendance at meetings to voice concerns against the ORWP.

The primary issues raised by members include:

1. Compulsory participation. Realtors have expressed reservations about the ORWP’s mandatory nature, questioning the lack of an opt-out option.

 

2. Changes in benefits for older members. There is unease regarding the reduction in coverage for members over the age of 65, without a corresponding decrease in dues.

 

3. Communication gaps. A significant concern has been the perceived lack of transparency and effective communication from OREA during the development and implementation stages of the ORWP.

 

This array of concerns has led to spirited discussions within the realtor community. Those who have played a role in developing or endorsing the ORWP have encountered substantial backlash, facing intense criticism and calls for boycotts across various forums.

Meanwhile, a well-known Facebook group focused on the ORWP debate was shut down amid this controversy. It’s important to note that critics of the program have also experienced their share of critique and sarcasm in online discussions.

 

Legal challenges

 

Lawyer Adam Chisholm, partner with McMillan LLP in Toronto, was hired in the fall by a group of concerned realtors to potentially launch a legal challenge to the ORWP. 

Chisholm filed complaints about the ORWP with the Human Rights Tribunal of Ontario, alleging age and disability discrimination.

The purported human rights infringements centre around the potentially discriminatory or prejudicial effects of the ORWP on various members who, due to factors such as age, disability or marital status/spousal benefits, may wind up with lost or inferior coverage.

In a letter to OREA president Tania Artenosi, Chisholm describes the ORWP’s fast-tracked trajectory in 2023 from a concept to a mandated reality. His clients feel that the process has lacked transparency — particularly around the mandatory piece — and that OREA hasn’t made reasonable efforts to hear and address member criticisms and accommodate concerns about the aspects of the plan that could be construed as ageist, punitive and/or constituting unfair differential treatment to certain groups.

 

Board-level opposition to the ORWP

 

There’s a notable division among real estate boards in Ontario regarding the ORWP. Initial support for the program, as indicated by over 80 per cent of votes in favour at its inaugural approval meeting, has since seen a shift.

This shift led 10 boards to request a second SGM with OREA, in accordance with the association’s bylaws. The SGM took place on November 29, 2023, and the outcome showed a more divided stance compared to the initial vote. In this meeting, 59 voted to make the ORWP optional rather than mandatory, but 73 opposed this change and 29 abstained from voting. Consequently, the ORWP remained mandatory, effective January 1, 2024.

The Waterloo Regional Association of Realtors (WRAR) has openly stated its inability to support the program in its present form. A report from WRAR criticizes the program as being tangential to the core activities of real estate trade. It argues that obliging all members to participate — regardless of individual need — to subsidize the costs for a smaller group who favour the program is contentious.

Furthermore, WRAR expressed skepticism about the fairness of the initial vote on June 20, suggesting that the outcome might have been a foregone conclusion. This perception was fueled by the dominant voting power of TRREB.

 

Toronto Regional Real Estate Board’s influence on the ORWP

 

TRREB, the largest board in Ontario, holds a significant influence in the province’s real estate decisions due to its substantial voting power in the assembly. With 49 per cent of the votes, TRREB’s stance can be highly influential, often determining the direction of province-wide initiatives. This has been particularly evident in the case of the ORWP, where TRREB’s support has been a decisive factor, despite the mixed reactions from smaller boards.

Paul Baron, president of TRREB, shared his perspective with REM, highlighting the long-standing demand among TRREB members for comprehensive health and wellness coverage. He views the ORWP as a crucial advancement, describing it as a “safety net” that benefits all realtors, not just those within TRREB.

 

Survey insights: Realtor opinions on the ORWP

 

Several surveys were conducted by different groups, including Ontario realtor boards, REM and TRREB:

 

Diverse perspectives from Ontario realtor boards

 

Several real estate boards across Ontario, including WRAR, Simcoe & District Real Estate Board and Barrie & District Association of Realtors, conducted internal surveys to gauge their members’ views on the ORWP.

A common trend emerged, with the majority of members across the boards expressing reservations about the program. When results were combined from all eight boards, only 22 per cent showed support for the ORWP, with 63 per cent opposed and the rest undecided or having other opinions.

Notably, a significant factor influencing opinions was the mandatory nature of the program. Many respondents indicated they might support the ORWP if participation were optional. Additionally, a concern raised by the WRAR survey was the lack of sufficient information for members to make fully informed decisions.

 

REM’s unofficial poll

 

REM conducted an independent poll on June 23, 2023, which echoed similar sentiments. Out of 1,152 respondents, only 22.6 per cent were in favour of the ORWP, while a considerable 77.4 per cent opposed it. This opposition was not limited to Ontario, as only 18.3 per cent of respondents from other provinces expressed interest in implementing a similar program.

 

Toronto Regional Real Estate Board survey findings

 

TRREB’s survey, conducted before the OREA November SGM, revealed a nearly even split among its members regarding the ORWP’s mandatory implementation: 39.6 per cent in support and 39.5 per cent against.

When asked specifically if TRREB should endorse the ORWP as a member benefit, a slightly higher number of members opposed it than supported it (35.8 per cent vs. 31.6 per cent). 

Proponents of the ORWP cited its value and affordability as key advantages. In contrast, the primary concern among opponents was its compulsory nature, especially for those who already had existing insurance coverage. Furthermore, the survey highlighted a lack of program awareness, with over 42 per cent of respondents indicating unfamiliarity with the ORWP.

 

WRAR to not invoice for the ORWP

 

WRAR has informed its members that it will not include the ORWP fees in its invoices. This decision, communicated through an email from WRAR president Christal Moura on December 8, 2023, reflects the board’s unique position on the issue.

Moura notes, “This is uncharted territory, and no precedent exists in how OREA will react.” The board states its greatest concern is access to standard forms: “While OREA has a history of licensing its forms to real estate lawyers in Ontario, we cannot rely on the same being offered to us, which is why WRAR is actively developing alternative forms,” Moura continues.

A follow-up document from December 15, 2023 notes WRAR’s view that “the ORWP, as presently constituted, and the OREA bylaw as it relates to ORWP are illegal and unenforceable.”

 

Looking ahead: The ORWP’s future amid controversy

 

As the ORWP takes effect, its future remains a topic of intense debate and speculation. The landscape is complicated by ongoing legal challenges, WRAR’s decision not to collect the ORWP portion of OREA dues and persistent opposition from various quarters. Despite these uncertainties, the ORWP stands as a brand-new initiative in Canada, marking a significant development in the industry.

Realtors have polarized opinions on the program, with vocal supporters and critics making their voices heard. This divide over the ORWP could potentially become a key issue in upcoming elections within the real estate community.

 

For those seeking a more detailed understanding of the ORWP’s journey and its reception, a comprehensive collection of articles is available, tracing REM’s coverage of the program from its inception. These pieces offer in-depth insights into the various facets of the ORWP and its impact on the real estate sector in Ontario.

 

OREA wants your input on the future of a benefits program — April 28, 2023

Ontario realtors face mandatory health benefits program: What you need to know — June 16, 2023

Mandatory health benefits: OREA members not permitted to speak at Tuesday’s special meeting — June 20, 2023 

OREA membership fees expected to surge over 700% after ORWP approval — June 22, 2023

Opposition mounts as OREA members face mandatory insurance plan — July 11, 2023

OPINION: No voice, no choice for OREA’s 96,000 members — July 27, 2023

Letter from the Publisher: Understanding ORWP and the importance of realtor involvement — July 28, 2023

Letter to the Editor: The ORWP is a long-awaited lifeline — August 1, 2023

Letter to the Editor: When it comes to ORWP, embracing change is for the greater good — August 8, 2023

10 Ontario boards request special meeting over OREA’s mandatory insurance plan — October 6, 2023

Lawyer joins ORWP fray, files complaints with Human Rights Tribunal of Ontario — November 10, 2023

Ethical Dilemmas: Mandatory ORWP – an exercise of responsibility or power? Do benefits outweigh rights? — November 23, 2023

Ontario boards vote to keep ORWP as mandatory — November 29, 2023

ORWP special general meeting: The issues, the vote, the next steps from here — December 1, 2023

Uncharted territory: WRAR to not invoice for ORWP in OREA dues — December 13, 2023

 

You can also learn more about the ORWP program on OREA’s website.

 

As 2023 comes to a close, REM is celebrating its top 10 posts. Take a look at how the year played out in Canadian real estate and what you found most interesting.

 

10. OREA membership fees expected to surge over 700% after ORWP approval

 

“Following a decisive vote in favour of the Ontario Realtor Wellness Program (ORWP) on Tuesday, a mandatory insurance and benefits program for realtors in the province is set to be implemented on Jan. 1, 2024.

To fund the ORWP, annual dues will increase for Ontario Real Estate Association (OREA) members. The cost per individual is expected to be around $660 annually on top of regular fees. Based on the current membership of approximately 96,000, the ORWP would result in an additional $63.3 million in dues being collected.”

Check out the rest of the story here.

 

9. Overbidding trend in the GTA has ‘totally reversed’

 

“The Greater Toronto Area’s (GTA) real estate market has witnessed a swift transformation, shifting from rampant overbidding earlier this year to a surge in underbidding in August. Wahi’s recent analysis reveals that 70 per cent of the 245 GTA neighbourhoods have now entered underbidding territory.

To put that into perspective, nearly 70 per cent of neighbourhoods were in overbidding territory at the beginning of the summer, and according to Wahi, August saw the highest share of underbidding neighbourhoods since February.”

Learn more about this market change here.

 

8. Town’s offer of $500 serviced lots boosts population

 

“When it came down to do or die, they chose to do. The progressive town of Smooth Rock Falls in northern Ontario came up with a plan to offer $500 serviced lots as a way to draw residents and reverse its declining population.

In 2006, after the main and only employer, Tembec Mill, closed after being in business for over 100 years, there was an exodus of residents, says Mayor Sue Perras. “People sold their houses for whatever they could get. Some just left their homes behind.”

The residents who remained wondered about the town’s future, and so did its community leaders. Something had to be done.”

Find out what Smooth Rock Falls did here.

 

7. Cyclical bottom in sight for Canada’s housing market: RBC

 

“According to a new report from RBC, the start of 2023 in Canada’s housing market has been a continuation of the quiet trend seen at the end of 2022. 

In the company’s latest special housing report, Robert Hogue, assistant chief economist with RBC, notes that January results from some of Canada’s real estate boards show persistent weak activity and price declines across the country, with few exceptions.

Calgary remains one of the few markets where demand and supply conditions remain “remarkably tight,” though sales volume is down from last year’s “sky-high” levels.”

Learn more about RBC’s findings here.

 

6. Sellers awarded $210,000 after buyers fail to close due to “unforeseen circumstances”

 

“In a collapsing real estate market, buyers who fail to complete a purchase can face substantial liability exceeding their deposit; the case of Switzer v. Petrie arose from a failed real estate transaction in Ontario in July 2022.

The buyers backed out due to “unforeseen circumstances,” prompting the sellers to resell the property at a lower price; they later sued for the price difference, totalling $212,302.11.”

Read about the case details here.

 

5. Realtor sued for misrepresenting identity of buyer

 

“In Ker v. Deol, a motion judge of the Ontario Superior Court of Justice considered whether the buyer’s real estate agent could be added as a defendant in a lawsuit brought by the seller arising from an aborted transaction.

While an agent should not lie about who they are acting for, it is not clear whether a representation about the identity of a party entering into an APS will always give rise to a duty of care based upon reliance by the other party as to the person signing the APS.“

Find out what happened here.

 

4. Canada amends foreign homebuyer ban regulations

 

“Only months after it first took effect, the Canadian government announced amendments to the regulations surrounding the country’s foreign homebuyer ban. 

While temporary, the act and its regulations have caused confusion and unintended consequences for Canada’s real estate industry, including some developers shelving plans to build new housing.

The changes, announced Monday, expand exceptions to allow non-Canadians to purchase residential properties under certain circumstances and seemingly address many of the concerns raised over the last few months.”

Learn about the changes made here.

 

3. Ontario realtors face mandatory health benefits program: What you need to know

 

“The Ontario Real Estate Association (OREA) assembly, made up of representatives from member boards, will hold a special meeting on Jun. 20 to vote on the Ontario Realtor Wellness Program (ORWP), which, if approved, will take effect Jan. 1, 2024. 

OREA president Tania Artenosi sent a message and video to local boards a while back explaining that the program would be the first of its kind in North America. Surveys have indicated to OREA that far too many of its members currently don’t have private health insurance and that a safety net is a top desire, Artenosi notes.”

Read more on the ORWP here.

 

2. REM EXCLUSIVE: Havre’s $4 billion Calgary realty team leaving Re/Max

 

“One of Calgary’s top-producing realtors, Justin Havre, and his team are leaving the Re/Max Canada brand to join forces with eXp Realty, the world’s largest independent real estate company.

Havre is one of the most prominent realtors in Calgary with a team consisting of 60 agents and 18 staff. His team has been beyond successful for years, selling almost 9,000 homes in Calgary since 2016.”

Find out more about Havre and his team here.

 

1. Canada will have 1.45M new homebuyers by 2025. Where will they live?

 

“New research from Statistics Canada points to a painful but unavoidable truth. Canada wants lower home prices and higher immigration, but we can’t have both, at least not without significant changes.  

What kind of changes? Well, we desperately need changes to zoning in our biggest cities to accommodate new arrivals, especially in Vancouver and Toronto.”

See what else REM’s columnist had to say on the issue, here.

 

Well, there you have it — the most read of REM in 2023. What do you think the biggest stories will be in 2024? Share your thoughts in the comments below!

 

On December 8, a new development in the controversial debate about the Ontario Realtor Wellness Program (ORWP) – which, on November 29, was voted to move forward as mandatory – was posted to the Facebook group, “Legal Fund for Ontario Agents”.

 

What it means

 

In the email posted, Waterloo Region Association of Realtors (WRAR) president, Christal Moura, explains that WRAR members “will not be able to access any features of the ORWP as part of your WRAR membership.” She goes on to mention how ORWP services may be accessed through a dual membership with another board if members have this.

The letter also notes that WRAR will refund any Ontario Real Estate Association (OREA) dues collected by WRAR for dual board members to ensure that members are not charged twice.

 

Uncharted territory without precedent

 

As Moura notes in the letter, “This is uncharted territory, and no precedent exists in how OREA will react.”

The board states its greatest concern is access to standard forms. “While OREA has a history of licensing its forms to real estate lawyers in Ontario, we cannot rely on the same being offered to us, which is why WRAR is actively developing alternative forms,” Moura continues.

 

Positive reception

 

The majority of comments on the bold move have been positive.

For example, Jordana Weiss says, “So proud of WRAR. They have been carefully researching the ORWP from the beginning and have actively listened to the concerns of their membership. So impressed by our Board and Bill Duce.”

“This creates an interesting scenario. If suddenly people decide to migrate to WRAR, thus leaving their current brokerage, does that not make this a competition bureau issue? The brokerages losing members could technically claim that having the ORWP is negatively affecting their brokerage. I said this from the beginning … If enough people leave OREA, the premiums will have to be increased. If the premiums increase, more people will leave. They have totally shot themselves in the foot with this mandate,” says Tina Forte.

 

OREA is aware of this development and is in touch with WRAR’s leadership to discuss the matter. WRAR has not yet responded to REM’s request for comment.

We will update this post with any new information received.

 

Voting at a special general meeting (SGM) on November 29 that could have axed the Ontario Real Estate Association (OREA)’s contentious pending insurance plan for all realtors in the province wound up determining that the program will go ahead as planned.

It’s a blow — although not an unexpected one — for the significant percentage of dissenting member boards across the province up in arms about the mandatory aspect of the plan, including those who’d banded together to pressure OREA into having the requisitioned meeting around the Ontario Realtor Wellness Program (ORWP).

“The motions that would have ended the ORWP were defeated 73 to 59 with 29 abstaining,” states Tim Hudak, CEO of OREA. “This year, member boards have twice voted in favour of the ORWP, and (the latest) result means we will continue to move forward with bringing the ORWP to all members on January 1, 2024 … We remain committed to keeping members informed.”

 

Concerned boards’ objective not to derail program

 

OREA insists that there’s no possibility of making the ORWP optional. The association made it clear in advance of the SGM that the program would be terminated if voting went against it. The concerned boards maintain that their objective has never been to completely derail the program though — it’s recognized by all involved that many realtors in the province would benefit from the safety net it provides.

The main issue all along has been that the plan will be mandatory as well as a condition of OREA membership, even for those who already have insurance, or who will receive little or no benefit from the ORWP due to other factors. 

 

TRREB carries nearly half the votes and say

 

Being the largest board in the province by far, the Toronto Regional Real Estate Board (TRREB) has almost half the votes in the assembly of Ontario boards, making it tough to beat. The TRREB voting delegation, on balance, has been in favour of the ORWP. This is why the boards that hoped the SGM would spark change and greater accommodation weren’t surprised not to have their objectives approved, despite widespread support. 

“We needed to ensure that we followed the correct governance procedures before considering any other actions,” explains Bill Duce, CEO of the Waterloo Region Association of Realtors (WRAR), which was among the boards requesting the SGM. “Our members have been very vocal that the majority are not interested in this program for a variety of legitimate reasons … We believe they should have a choice.”

 

What now?

 

With the bylaw options now pretty much exhausted, any next steps for dissenting boards would be in uncharted territory. “What now?” is the million-dollar question, Duce asserts. “No doubt there will be some deep discussions about where we go from here.” 

Says David Puddy, president of the Simcoe & District Real Estate Board: “Some boards may decide not to participate and may withdraw from OREA. That is a long and complicated process that would not be taken lightly.”

There may be a large number of older realtors “who retire rather than be forced into a plan that has reduced benefits after the age of 65 but still requires full payment,” Puddy continues. 

In his view, “The value of OREA and the confidence of the members in its leadership will be severely questioned.” He notes, “There has been a strong voice from a very vocal portion of the membership saying that the ORWP needs to be revised with particular focus on the mandatory part of the program. That voice has been largely ignored by OREA.”      

Across the province, various boards are amalgamating, hoping to gain a stronger voice by leveraging dynamics of scale. In some cases, the ORWP has been cited as a provoking factor. 

 

OREA denies not accommodating members

 

OREA maintains that the program needs to be mandatory to keep premium costs low. But the association denies accusations that it’s not accommodating members.

In a statement to REM, Hudak notes, “We have worked with our program administrator, Comprehensive Benefits Solutions (CBS), to develop a process in an effort to ensure no member is left behind and everyone can derive some benefit from this program. If a member has existing coverage and is worried about the ORWP’s potential impact, they can share the details of their provider’s current policy with CBS and their team will review the situation carefully and with complete confidentiality in an effort to propose a suitable accommodation. 

To be clear, members will still be required to pay their full OREA dues, but enrollment in the impacted benefit will be removed so they don’t lose their other coverage. In addition, we continue to work closely with member boards to ensure that they are fully prepared for the implementation of the program by providing transitional funding and extending implementation deadlines for data upload.”

 

Pre-SGM survey

 

To get more feedback on the ORWP from members, before the SGM a contingent of eight Ontario boards partnered together to conduct a survey, via strategic management consultants Framework Analytics. 

The boards are:

• Waterloo Region Association of Realtors
• Simcoe & District Real Estate Board
• Barrie & District Association of Realtors
• Niagara Association of Realtors
• Woodstock Ingersoll Tillsonburg & Area Association of Realtors
• The Lakelands Association of Realtors
• Realtors Association of Hamilton-Burlington
• London St. Thomas Association of Realtors

 

In every case, a majority of members indicated that they don’t support the program. Aggregated results from across the eight boards showed 22 per cent in favour of the ORWP and 63 per cent opposed (with the remainder undecided or “other”). Results also suggested that most members would be in favour of the ORWP if it wasn’t mandatory.   

TRREB conducted its own member survey in advance of the SGM as well. It indicated that the number of respondents who support the program coming into effect on a mandatory basis and those who don’t is virtually equal (39.6 per cent and 39.5 per cent respectively).  

In answer to a similar question, “Should TRREB endorse the program and adopt it as a member benefit?”, more members responded no than yes (35.8 per cent and 31.6 per cent respectively).   

Reasons given by those in favour of the ORWP included good value and affordability. The top complaint of those against it was the mandatory aspect — no surprise there — followed by not wanting the coverage due to having existing insurance. The TRREB results also revealed that over 42 per cent of those surveyed were not familiar with the program.

Rather puzzling results. It’s anyone’s guess how the TRREB delegates split their votes at the SGM under the circumstances.

 

Duce, CEO of WRAR, concludes: “I would suggest that OREA has been working diligently to try to deliver this program by January 1. But, this is also new ground for them and it’s evident they are trying to build the plane while it’s flying. They have not been provided nearly sufficient time to implement a program of this scope. Despite what happened at the vote, there will still be a few chapters that need to be played out.”

 

Editor’s note: In addition to the results below, there were also 29 who abstained (REM did not have this information at the time of writing).

 

Today, the Ontario Real Estate Association (OREA) held a special general meeting to discuss and vote on its Ontario Realtors Wellness Plan (ORWP).

 

A statement released to members of the Lakelands Association of Realtors by Sandy Raymer, executive officer, noted the results:

 

59 voted in favour of changing ORWP from mandatory to optional, while 73 voted against it. So, ORWP will continue as a mandatory program effective January 1, 2024, as per OREA bylaw.

 

Another memo to members of the Realtors Association of Grey Bruce Owen Sound (RAGBOS), from executive officer Anne Schneider, notes that members will be charged $164.97 per quarter starting with the December 2023 invoice covering 2024’s first quarter. It also notes that board members not in good standing by 11 am on December 29, 2023 will be suspended from board services until dues are paid in full.

 

Like many of us in Canadian real estate, I have been watching the conversation around the Ontario Realtor Wellness Program (ORWP) in REM. By now, we are all aware of the recent court case challenging the ORWP. The plaintiffs are alleging human rights violations including, among others, age discrimination for those who have to pay the same as everyone else but receive lower benefits, and inferior coverage for those who have spousal or other benefits.

To date, leadership at OREA has held firm on the mandatory nature of the plan. So, today, I would like to reflect on the arguments being made on both sides from the standpoint of ethics.

 

Mixed sentiments

 

In a previous REM article, many claims were made in the comments section including such arguments as the detractors are “a fringe minority”, “they [OREA] are just lining their pockets”, and my personal favorite, “it was a democratic process so if you don’t like it, leave”. There was also an open letter to the editor extolling the virtues of the program. 

I would like to address the letter and the comments before making my main argument as to the correctness of the decision. The letter writer made some very good points about how the program benefitted her, and having been a realtor most of my life, I certainly empathize. That said, the fact that something is good for me is not an argument to make it mandatory for someone else.

 

“The will of the majority, with respect for the rights of the minority”

 

Regarding the comments made, I would like to deal with the last one first. “It was a democratic process so if you don’t like it, leave” is perhaps the most undemocratic statement I’ve heard in a long time. How often do we hear democracy described as “the will of the majority”? For some inexplicable reason (inexplicable because I hated social studies), I have always remembered the words of my high school social studies teacher, Miss Mondea: “Democracy is the will of the majority, with respect for the rights of the minority.”

Backing up her statement, in Democracy in America, one of the most influential books of all time on government, Alexis de Tocqueville warned us about the tyranny of the majority. I am not claiming that anyone is acting as a tyrant, but I am simply saying that when we are in the majority, ethics demands that we respect the rights of the minority – one day, we will have our turn in the minority.

Now, the first two arguments are called ad hominem arguments, or arguments against the person. These are essentially non-arguments. The detractors may or may not be a fringe minority and OREA may or may not be lining its pockets, but even if both were true (which they are almost certainly not) they have no bearing on whether or not the policy is good.

Only the relative merits or demerits of any position are what matters. Only arguments that speak to the issue are valid. And, on that note, I would like to address the policy strictly on its apparent merits and demerits.

 

Leadership is responsibility

 

I must first address the issue of management responsibility. Here, I’m reminded of when Robert Joss became dean of the Stanford Graduate School of Business, he received an organizational chart showing him, the dean, at the bottom below staff, faculty and students. The message was clear: being the leader isn’t about power – it’s about responsibility and you are responsible to all of these people.

Perhaps the greatest management guru to have ever lived, Peter Drucker, said it best: “Leadership is responsibility.” FULL STOP.

 

The big question

 

Here’s the question, then: is making the OREA benefits package mandatory for all members an appropriate exercise of responsibility or an exercise of power? 

If the evidence shows it to be a wise exercise of responsibility, then it is justifiable. But, if it proves to be an exercise of power, it’s questionable. So, let’s examine the pros and cons of the mandatory policy.

 

Arguments for and against

 

From all I’ve read, the only argument for making the policy mandatory is it will lower costs for all members.

On the flip side, the arguments against a mandatory plan are that some members

• Already have their own plan which they prefer,
• Have spouses with their own plans,
• Have plans that are apparently superior to the OREA plan, or
• Just don’t want the plan.

We need to ask if the difference in cost for the members who want the plan outweighs the rights of those who don’t.

 

And this is where I am going to leave the discussion to you, as I do not know the answer.

It’s up to you, all 96,000 members, managers and directors of OREA to look at both sides of the issue. What is best for all members of OREA? What is the best policy for everyone? A good ethical decision is not what we have a right to do, it is what is the right thing to do.

 

Lawyer Adam Chisholm has plunged into the blowup around the polarizing mandatory insurance plan that the Ontario Real Estate Association (OREA) is set to put in place for all 96,000 realtors in the province at the beginning of 2024. 

Chisholm, a partner with McMillan LLP in Toronto, was hired this fall by a group of concerned realtors who banded together to potentially launch a legal challenge to the Ontario Realtor Wellness Program (ORWP). Says Liz Polak, one of the organizers of a GoFundMe campaign for legal efforts: “Many members feel that OREA is still not addressing their concerns around the ORWP.”

Chisholm took action and filed complaints about the ORWP with the Human Rights Tribunal of Ontario, alleging age and disability discrimination. The group is asking the tribunal “to make changes that could affect all OREA members regarding the mandatory fee/ORWP policy. They’re also asking that OREA create a policy on human rights and provide training for its leaders,” Chisholm states.*

 

Lawyer’s letter to OREA

 

A couple of weeks ago, Chisholm sent a formal letter to OREA president Tania Artenosi regarding his client group’s views. “We are raising these issues now to avoid unnecessary possible legal implications,” he noted in the letter.

The following day, he received a response stating that the concerns would be put before the OREA board of directors for consideration at their next meeting.

Chisholm’s challenge with that response is that it’s not necessarily a commitment to take action. At a minimum, Chisholm’s group had hoped OREA would consider pushing the ORWP implementation back so that there’s time for further discussion. There’s apparently been no word on that, though.

“The plan is going into effect January 1,” Chisholm points out. “There’s not a lot of time left.”

 

Anger and activism persist among Ontario realtors

 

As a recent Globe and Mail article noted, the ORWP has stirred up a hornet’s nest of anger and activism rarely seen among Ontario realtors. Some have gone so far as to call for the end of organized real estate in the province.

Realistically, the consensus seems to be that most of the dissenters would be satisfied with seeing the program be made a choice which they could opt in or out of, rather than a dictate. OREA, though, is sticking to its guns, insisting that those who don’t enroll in the program will forfeit association membership. 

With OREA seemingly not giving member concerns top priority, Chisholm’s group felt the time had come to take action and file official complaints.

 

Human rights infringement claims

 

The purported human rights infringements centre around the potentially discriminatory or prejudicial effects of the ORWP on various members, who, due to factors such as age (benefits are reduced for seniors, but the annual fee is not), disability or marital status/spousal benefits, may wind up with lost or inferior coverage.

This includes impact on drug coverage and loss of access to pre-existing insurance packages of superior quality – although OREA has assured members that the ORWP can generally complement existing plans. 

 

Not buying it

 

Chisholm’s clients aren’t buying OREA’s assurances. They believe that the ORWP repercussions could potentially negatively impact affected realtors “many thousands or even tens of thousands of dollars per year,” Chisholm told REM. 

He added that human rights complaints could be just the beginning. He anticipates that further actions potentially may be in the areas of non-profit or competition law.

 

OREA’s SGM – November 29

 

Notably, a significant number of realtors in the province seem pleased with the package, particularly those who don’t already have coverage. Others somehow know nothing about it. Then there’s the hefty percentage uneasy with the details. That includes a contingent of 10 Ontario boards that have pushed for a special general meeting with OREA (now scheduled for November 29). 

 

Impact on member fees

 

The ORWP will be included in members’ OREA dues and will hike these by about $660 annually, reportedly raising member fees to around $770 altogether. The program was officially approved this past June by OREA’s governing assembly, comprised of delegates from the province’s boards. (There’s some contention that the voting structure itself is problematic, as the Toronto Regional Real Estate Board has almost 50 per cent of the votes.)

 

Process lacks transparency and effort to address member concerns

 

In his letter to OREA, Chisholm describes the ORWP’s fast-tracked trajectory in 2023 from a concept to a mandated reality. His clients feel that the process has lacked transparency – particularly around the mandatory piece – and that OREA hasn’t made reasonable efforts to hear and address member criticisms and accommodate concerns about the aspects of the plan that could be construed as ageist, punitive and/or constituting unfair differential treatment to certain groups. 

“OREA may not have considered the legal implications of imposing such a program,” Chisholm asserts in the letter. “Ontario’s Human Rights Code protects individuals from discrimination and requires equal treatment in relation to services and contract … The increase in member dues in exchange for benefits, insurance, wellness and healthcare services results in adverse effects on certain individuals within enumerated groups and may be held to be constructive discrimination.”

Chisholm acknowledges that there’s a ‘statutory carve-out’ permitting insurers to offer group insurance to associations. But “we are not aware of any established legal precedent under human rights law for the mandatory imposition of a wellness plan by an association in exchange for increased dues,” he continues. “In our view, it is not necessary or reasonable.” 

OREA’s tying of the program to membership (the stated purpose being that all members need to be on board to keep premiums low) is unusual, in Chisholm’s opinion. 

 

Legally challenged as “oppressive”

 

Loss of membership disadvantages members – causing them to lose access to MLS and standard forms – and “unnecessarily jeopardizes” their ability to practice real estate, he notes in the letter to OREA. In his opinion, this aspect and the ORWP, in general, could potentially be legally challenged as “oppressive” in that members’ reasonable expectations around the scope of the association’s objectives are breached. The same, in his view, goes for OREA putting the bulk of members’ annual dues toward ORWP purposes.

“We ask that OREA reconsider its implementation of the mandatory plan … and take all possible steps to avoid harm to any of its members,” his letter to the organization concludes.

 

*Since the complaints were recently filed, OREA may not be aware of them yet.

The content of the Human Rights Tribunal applications are merely allegations which have yet to be proven at the Tribunal or otherwise. Until a decision is reached, the allegations have not been upheld and are subject to response by OREA. The Tribunal has significant discretion in its process and may impose different or no remedies even if the applications are made out.