Toronto Regional Real Estate Board v. Sunderland

Decided: 2026-10-13. Docket: A-273-23. Citation: 2026 FCA 171 (CanLII). Commerce and industry — Competition law — Competition Act, para. 45(1)(a) — Motion to strike under Federal Courts Rules, r. 221(1)(a) — Whether Buyer Brokerage Commission Rule plausibly “control[s] the price” but does not “fix, maintain or increase” price — Conspiracy, agreement or arrangement among competitors — Conscious parallelism distinguished — Appeals dismissed | Criminal and statutory offences — Party liability — Criminal Code, ss. 21(1) and 22(1) — Whether aiding, abetting and counselling claims properly pleaded for associations and brokerages but struck for franchisors — Application to Competition Act, s. 45 offence — Actus reus and mens rea pleading and inferences — Appeal and cross-appeal dismissed | Statut