That you were a client, which since December 2023 means a written representation agreement.
What a reasonably competent registrant would have done, usually proved by expert evidence.
That the failure caused the loss, not merely preceded it.
RECO can discipline. It cannot order the agent to pay you.
Quick Answer
Can I sue my real estate agent in Ontario?
Yes, where the agent owed you a duty and fell below the standard of a reasonably competent registrant, and that failure caused you a loss. The leading Ontario authority is Krawchuk v. Scherbak, 2011 ONCA 352, which concerned a house with serious structural and septic problems and an agent who passed on the sellers’ representations without recommending further inquiry. It is also the case that sets out when expert evidence is needed to prove the standard of care, and the answer is almost always. Since 1 December 2023 the framework has changed in a way that matters to these claims. Under the Trust in Real Estate Services Act, 2002 there is no longer a customer category. A person is a client under a written representation agreement or a self represented party, and the duties owed differ sharply between the two. A complaint to the Real Estate Council of Ontario is available for conduct, but the Registrar cannot award compensation, so money is recovered in court.
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THE DUTY
Client or Self Represented, and Why It Decides the Case
The first question in any claim is what relationship you were in. Since 1 December 2023 the answer is binary. Either there was a written representation agreement, making you a client and attracting the full duties, or there was not, making you a self represented party owed considerably less.
This has sharpened claims in both directions. A client has a clearer basis to say the agent should have advised, warned or recommended an inspection. A self represented party has a much harder claim, because the registrant on the other side was acting for someone else, and the assistance they were permitted to give was limited to what was incidental to advancing their own client’s interests.
It also means the paperwork is decisive in a way it was not before. If a representation agreement was never signed but the agent behaved as though you were a client, that is an argument worth making, but it is an argument rather than a given.
THE STANDARD
What a Competent Registrant Would Have Done
An agent is not warranting the condition of a property. The duty is to exercise the care and skill of a reasonably competent registrant, which includes knowing when a matter is outside their competence and saying so.
Krawchuk is instructive because the failing was not that the agent gave wrong technical advice. It was that information suggesting a problem was passed along without any recommendation that it be investigated. Recognising a red flag and directing the client to someone who can assess it is part of ordinary competence.
Expert evidence is normally required to establish the standard, and Krawchuk is also the authority for the narrow exceptions: matters an ordinary person can be expected to understand, and conduct so obviously deficient that no expert is needed. Both are applied sparingly, so a claim generally needs a registrant prepared to give an opinion.
THE RECURRING FACTS
Defects, Measurements and Conditions Not Recommended
Undisclosed or understated defects are the most common. The line runs between patent defects, which a buyer is expected to see, and latent defects known to the seller, and the agent’s exposure usually lies in what they knew or ought to have investigated rather than in the defect itself.
Measurement and description claims are the next group: square footage, lot dimensions, zoning, permitted use. These are attractive claims because the loss is measurable, and difficult ones because listing materials are usually laden with disclaimers.
The third group is conditions. A buyer who waives an inspection or a financing condition without being advised of the consequence, or who is encouraged to waive in a competitive market, has a claim that turns on what was explained and recorded. In a market where waiving conditions became normal, "everyone was doing it" is not by itself an answer.
THE REGULATOR
RECO Disciplines, Courts Compensate
A complaint to the Real Estate Council of Ontario is the route for conduct. The Registrar reviews complaints, can attach conditions to or suspend a registration, and can refer matters to the Discipline Committee for conduct on or after 1 December 2023, with appeals to the Appeals Committee.
What the Registrar cannot do is resolve a contractual or financial dispute or order compensation. That is stated plainly by RECO itself, and it surprises people who assume a successful complaint produces a cheque.
So the two run in parallel and do different jobs. If the money matters, the civil claim is the one that matters, and a detailed complaint written without legal advice can become an awkward document in that claim later.
Common Questions
Frequently Asked Questions
Is my agent liable for a defect I did not know about?
Not automatically. The agent is not a home inspector. Liability arises where a reasonably competent registrant would have recognised something requiring investigation and advised you to investigate it, and did not. Krawchuk v. Scherbak turned on exactly that failure to recommend further inquiry.
Will a RECO complaint get my money back?
No. The Registrar has no authority to resolve financial or contractual disputes or to award compensation. A complaint may be the right response to the conduct, but compensation comes from a civil claim.
I had no written agreement with the agent. Do I have a claim?
It is harder. Since 1 December 2023 a person without a written representation agreement is a self represented party, and the duties owed are much narrower. There may still be a claim in negligent misstatement for something specific the agent told you, but the comprehensive duty to advise generally will not be there.
Do I need an expert?
Almost always. The standard of care of a registrant is not something a court will determine on its own except in the narrow situations recognised in Krawchuk, which are applied sparingly. Expect to need a registrant willing to give an opinion.
How long do I have?
Generally two years from discovery under the Limitations Act, 2002. In property cases discovery is often when the defect or the shortfall is found rather than the closing date, but do not rely on that. The date you first suspected something is usually where an argument starts.
Start My Enquiry
Discuss a Claim Against an Agent or Brokerage
Send the representation agreement, the listing materials and the correspondence around any conditions. Those three documents usually show early on whether there is something worth pursuing.
Lexaltico LLP
Downtown Toronto
55 University Ave, Suite 1100 Toronto, ON M5J 2H7
North York
2 Sheppard Ave East, Suite 303, Toronto, ON M2N 5Y7
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“Jia & her team are very thorough and we couldn't be more pleased with our experience. She went beyond our expectations during the whole process of closing mortgage. She is knowledgeable, patient, and very helpful.”
Nazir HAtlas Law Group was our predecessor firm — same team, same service.
★★★★★
“We had the pleasure of working with Josephine Lam and Jia Junaid as our closing real estate lawyers and we could not have asked for a better experience. Both Josephine and Jia are incredibly professional, knowledgeable and thorough. They took the time to explain everything clearly, assisted us through each step with patience and always made themselves available to answer our questions.”
Shabana Khan
Claims against professionals
Related pages
When the advice you paid for was wrong, and what the claim against that profession actually requires.
Use of this website does not establish a solicitor-client relationship between you and Lexaltico LLP. Such a relationship is only formed when Lexaltico LLP has expressly confirmed in writing that it has agreed to act on your behalf. Until that confirmation is provided, no obligation of confidentiality exists.
Not Legal Advice
Information on this website is provided for general informational purposes only and does not constitute legal advice. Do not act on any information here without first consulting a qualified lawyer licensed in your jurisdiction. Lexaltico LLP disclaims all liability for actions taken or not taken based on this website's contents.
Confidentiality of Enquiries
Do not submit confidential information through this website or by email until a solicitor-client relationship has been confirmed in writing. Information submitted before that point will not be treated as confidential.
Law Society of Ontario Regulation
Lexaltico LLP is regulated by the Law Society of Ontario (LSO) under the Law Society Act, R.S.O. 1990, c. L.8. All lawyers are members in good standing. Alberta matters are handled by lawyers licensed with the Law Society of Alberta (LSA).
Law Society of Alberta
Our Alberta-licensed lawyers are members in good standing of the Law Society of Alberta (LSA).
Immigration Regulatory Body: CICC
Immigration consulting services are provided by Regulated Canadian Immigration Consultants (RCICs) in good standing with the College of Immigration and Citizenship Consultants (CICC) under the College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29, s. 292.
Estimator & Calculator Tools
The Severance Estimator and Estate Dispute Evaluator are for informational purposes only. Results are estimates and do not account for specific contractual terms, statutory provisions, or judicial discretion. These tools do not create a solicitor-client relationship. Always seek independent legal advice before making any legal decision.
Privacy: PIPEDA and CASL
Your personal information is protected in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA), S.C. 2000, c. 5 and Canada's Anti-Spam Legislation (CASL). We do not sell your information. Withdraw consent at any time: hello@lexaltico.com.
Initial Assessment
The no-obligation initial assessment is a brief introductory conversation. It does not include a review of your documents and does not constitute legal advice. Lexaltico LLP charges a fee for substantive consultations, including civil litigation, criminal defence and immigration matters; the firm may waive that fee at its discretion. Any fee is disclosed in advance and credited in full toward your account if you retain the firm. Documents are reviewed and advice given only at a paid consultation or once the firm has been retained. No solicitor-client relationship arises, and no duty of confidentiality applies, until confirmed in writing.
Referral Fees: LexKonnect
Where we refer a matter to another firm, including through LexKonnect, we comply with Rule 3.6-6.1 of the Law Society of Ontario’s Rules of Professional Conduct. Any referral fee is set out in the Law Society’s standard referral agreement, signed by you before the referral proceeds, and no fee is payable to us unless and until the receiving firm has been paid for its work. You are never obliged to accept a referral and are free to retain any firm you choose. No referral arrangement affects the independent professional judgment of any lawyer at this firm.
Limitation Periods
Failure to commence proceedings within applicable limitation periods may permanently bar your claim. In Ontario, the general limitation period is two (2) years from discovery under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B. Seek legal advice promptly.
If You Are in Danger
If you or a child are in immediate danger, call 911. This website is not an emergency service. Enquiries sent through this site are read during business hours and a reply may take up to 2 business days. Do not rely on this site, a form or an email if you need help now. The Assaulted Women’s Helpline (1-866-863-0511) and Talk4Healing (1-855-554-4325) operate around the clock.
Availability and Response Times
We aim to reply to enquiries within 2 business days. Contacting us does not guarantee a reply within any particular period, does not create any obligation on the firm to act, and does not stop, extend or satisfy any limitation period, filing date or court deadline that applies to your matter.
Our Telephone Line
Our line is answered 24 hours a day, every day of the year. Outside office hours calls are taken by our intake service, who record your details and pass them to the firm. A lawyer responds during the next business day, or sooner if the matter is urgent. Answering the telephone is not the same as giving legal advice: no advice is given on that call and no solicitor-client relationship arises from it. If you or a child are in immediate danger, call 911.
Reviews and Testimonials
Reviews shown on this site are written by third parties and published on platforms we do not control. Each describes one person’s experience of one matter. They are not a promise, a prediction or a guarantee about any other matter, and they should not be read as a statement about the quality of legal services generally. Every case turns on its own facts.
Links to Other Websites
This site links to regulators, courts, government sources, professional associations and social platforms. Those sites are operated by others. We do not control them, we are not responsible for their content or their accuracy, and a link is not an endorsement. Their privacy practices are their own, not ours.
Where Your Enquiry Information Goes
Information submitted through a form on this site is transmitted using third-party services in order to reach us by email, and may be processed or stored outside Canada, where it can be subject to the laws of that jurisdiction. By submitting a form you consent to that transfer. If you would rather not, telephone us on +1 416 333 6200 instead. We do not sell your information.
Accessibility
We aim to meet the Accessibility for Ontarians with Disabilities Act and WCAG 2.1 Level AA. If any part of this site prevents you from reaching us, telephone +1 416 333 6200 or email hello@lexaltico.com and we will provide the information in another format. Tell us what would work for you and we will arrange it at no charge.
Lawyers, Paralegals and Consultants
Not everyone at the firm is a lawyer. Licensed paralegals in Ontario may act only within the scope permitted by the Law Society of Ontario, which does not include most family, estate or criminal matters. Immigration consulting may be provided by Regulated Canadian Immigration Consultants, who are not lawyers. Each page and each biography states which applies. Ask us at the outset who will handle your matter and under which licence.
Languages
We serve clients in a number of languages. Every page of this site is written and published in English. Where a document, a summary or a conversation is provided in another language, the English version governs in the event of any difference. If you need an interpreter, tell us when you book and we will arrange one.
Lexaltico LLP
Legal Notices
How Lexaltico LLP handles personal information, under PIPEDA and Ontario law.
What we collect
What you give us
When you use a form on this site, email us or telephone us, we collect what you choose to send:
your name, email address, telephone number and a description of the situation. Nothing on this
site requires you to give more than that.
What is collected automatically
We collect non identifying technical information when you browse: IP address, browser type, pages
viewed and time spent. It is used to understand how the site is used and to improve it. It is not
used to identify you.
What we do not collect here
We do not collect sensitive personal information through this website. Detailed personal and legal
information is collected only after a solicitor client relationship exists, through the channels
set up for that purpose.
How we use it
Purpose
What you send is used to reply to you, to run a conflict check, to assess whether the firm can
assist, and, if a retainer follows, to carry out the work.
Marketing
We do not use your personal information for marketing without your express consent, and we
do not sell, rent or trade it. If you consent to receive anything from us, every message
carries a way to stop, as required by Canada’s Anti Spam Legislation.
Sharing and disclosure
Privilege
Information given to us in the course of a legal matter is protected by solicitor client
privilege. We do not disclose privileged information without your consent, except where the law or
a court order requires it.
Service providers
Non privileged contact information may be shared with the providers who help us run the firm and
this website, and with people engaged on your matter such as translators, agents and court
reporters. All of them are under confidentiality obligations.
Processing outside Canada
Information submitted through a form travels through third party services in order to reach us by
email, and may be processed or stored outside Canada, where it can be subject to
the laws of that place. Submitting a form is your consent to that transfer. If you would rather
not, telephone us instead.
Cookies and measurement
What is set, and when
This site uses cookies to understand how it is used. Advertising cookies are set only if you press
Accept. If you press Decline, measurement is switched off for you entirely, nothing further
is sent, and anything already stored on your device is cleared. The site works either
way.
You can change your answer at any time by clearing this site’s cookies in your browser, which
brings the question back.
Your rights, and how long we keep things
Your rights under PIPEDA
Under the Personal Information Protection and Electronic Documents Act,
S.C. 2000, c. 5 you may ask what personal information we hold about you, ask us to correct
anything inaccurate, and withdraw consent to our use of it, subject to legal and contractual
limits. We reply within thirty days or explain why we need longer.
Retention
Client files are kept for the period the law and the Law Society require, ordinarily
seven years after a matter closes, which reflects limitation periods and the
possibility of later proceedings. After that they are securely destroyed or anonymised. You may
ask for earlier deletion, subject to those obligations.
Enquiries that do not become files
If you contact us and no retainer follows, what you sent is retained only as long as our conflict
records require, then destroyed.
If you are not satisfied with our answer you may complain to the Office of the Privacy
Commissioner of Canada.
Short, and written to be read rather than scrolled past.
The four things that matter most
Nothing on this site is legal advice, however specific it looks.
Using the site or sending a form does not make us your lawyers.
Do not send confidential information before a retainer is signed.
Past results depend on their own facts and do not predict yours.
What this site is
Information, not advice
This site publishes several hundred pages about Ontario law. They are written carefully, they cite
statutes and cases by name, and they are reviewed. None of that makes them advice about your
matter. Law is applied to facts, and we do not know yours.
The difference is practical rather than technical. A page explaining that spousal support is
usually indefinite after a twenty year marriage is accurate as a general statement and may be
wrong about you, because of a domestic contract you signed, a period of separation you have
forgotten, or an income that is not what a tax return says it is.
Law also changes. Pages carry a review date where one is relevant. A page reviewed last year may
not reflect an amendment made since, and a page about a subject currently before an appellate
court may be overtaken between your reading it and your acting on it.
When we become your lawyers
Three things must happen first
A conflict check must be completed. We act for a great many people and
businesses, and we cannot act against a current client or use what we learned from a former one.
That check happens before anything else and occasionally means we have to decline.
We must confirm in writing that we are prepared to act. Not every matter is one we
can take, and saying so early is better than taking a file we cannot properly serve.
A retainer agreement must be signed. It sets out what we are doing, what we are
not doing, who is responsible for what, and how fees work. Until it is signed no relationship
exists, whatever has been discussed.
Confidentiality before a retainer
Why you should not send us documents yet
Information sent through a form, or by email, before a retainer is signed is not covered by
solicitor client privilege. That is not a policy we chose. It follows from there being no
solicitor client relationship for the privilege to attach to.
It can also create a problem for you. If you send us detailed information about a dispute and we
are later approached by the other side, what you sent may affect whether we can act for either of
you.
So tell us the shape of the problem and leave out the detail: the area of law, roughly when it
arose, and whether anything is urgent. That is enough for us to say whether we can help. The
documents come after the retainer.
Results, testimonials and reviews
What they do and do not tell you
Case results described anywhere on this site are real and are described accurately, and they are
specific to their own facts. A settlement at three times the original offer happened because of
that employer, that contract and that person’s history. It says nothing about what your
matter is worth.
Client reviews are the views of the people who wrote them. We do not offer anything in return for
a review, we do not write them, and we do not ask only the clients we expect to be positive.
Calculators on this site produce estimates from the figures you enter. They apply published
formulas and they cannot know about the facts that most often change the answer.
Copyright, links and governing law
Copyright
The content of this site belongs to Lexaltico LLP or its licensors. You are welcome to read it,
print it and quote it with attribution. You may not republish it as your own.
Links
We link to statutes, regulations, court decisions and government pages because a reader should be
able to check us. We do not control those sites and are not responsible for them, and a link is
not an endorsement.
Limitation of liability
To the fullest extent the law permits, Lexaltico LLP is not liable for any loss arising from your
use of, or reliance on, anything published on this website.
Governing law
These terms are governed by the law of Ontario and the federal law of Canada that applies in
Ontario. Lawyers and licensed professionals at the firm are regulated by the Law Society of
Ontario, and marketing on this site is intended to comply with the
Rules of Professional Conduct.
Every limit on what this website tells you, and every thing it does not do, in one
place rather than in small print at the bottom of each page.
Before you rely on anything here
Four limits, and they matter in this order.
Not legal advice
Everything published on this website is general information. It is not legal
advice, it does not take account of the facts of any particular situation, and reading it does not
create a solicitor client relationship. Do not act, or decide not to act, on anything here without
speaking to a lawyer licensed in your jurisdiction about your own circumstances.
Jurisdiction
These pages describe the law of Ontario, and of Alberta only
where a page says so expressly. They do not describe the law of any other province, territory or
country. Law that looks similar across jurisdictions frequently is not.
Currency of the law
Each page states the law as at the review date shown on it. Legislation is amended and case law
develops. A page accurate when written may no longer be.
Generality
These pages describe how a rule usually works. That is not the same as how it applies to your
facts. The exceptions are where most real matters live, and a page written for a general reader
cannot tell you whether you are inside a rule or inside its exception.
If you contact us
If you are in danger
If you or a child are in immediate danger, call 911.
This website is not an emergency service. Enquiries sent through a form here are read during
business hours and a reply may take up to 2 business days.
Using this website, submitting a form, sending an email or speaking to us on the telephone does
not make us your lawyers. That relationship arises only when the firm has
confirmed in writing that it has agreed to act, a conflict search has been completed, and a
retainer has been signed.
Confidentiality of enquiries
Do not send confidential or sensitive information through this website or by email until we have
confirmed in writing that we can act for you. Information sent before that point is
not treated as confidential and may prevent us from acting for you, or for
someone else, in a connected matter.
Response times
We aim to reply within 2 business days. Contacting us does not guarantee a reply within any
particular period, does not oblige the firm to act, and does not stop, extend or satisfy
any limitation period, filing date or court deadline.
Our telephone line
Our line is answered 24 hours a day, every day of the year. Outside office hours calls are taken
by our intake service, who record your details and pass them to the firm. A lawyer responds during
the next business day, or sooner if the matter is urgent. Answering the telephone is not the same
as giving legal advice, and no relationship arises from that call.
Who we are and how we are regulated
Law Society of Ontario
Lexaltico LLP is regulated by the Law Society of Ontario under the
Law Society Act, R.S.O. 1990, c. L.8. All lawyers practising in
Ontario through the firm are members in good standing.
Law Society of Alberta
Alberta matters are handled by lawyers licensed with, and in good standing with, the
Law Society of Alberta. A lawyer licensed in Ontario is not thereby licensed in
Alberta, and the reverse is also true.
Immigration regulation
Immigration consulting is provided by Regulated Canadian Immigration Consultants
in good standing with the College of Immigration and Citizenship Consultants under the
College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29,
s. 292.
Lawyers, paralegals and consultants
Not everyone at the firm is a lawyer.
Licensed paralegals in Ontario may act only within the scope the Law Society
permits, which does not include most family, estate or criminal matters.
Immigration consultants are regulated by the College, not by a law society,
and are not lawyers.
Law clerks and managers support files but do not give legal advice.
Each page and biography states which applies. Ask at the outset who will handle your matter and
under which licence.
Languages
We serve clients in thirteen languages. Every page of this website is written and published in
English. Where anything is provided in another language, the English
version governs in the event of a difference. If you need an interpreter, tell us when
you book and we will arrange one.
Fees
The initial assessment
The no-obligation initial assessment is a brief introductory
conversation. It does not include a review of your documents and does not constitute
legal advice.
The firm charges a fee for substantive consultations, including in civil litigation,
criminal defence and immigration matters. The firm may waive that fee at its discretion.
Any fee is disclosed in advance and credited in full toward your account if you retain the
firm.
Referral fees
Where we refer a matter to another firm, including through LexKonnect, we comply with Rule 3.6-6.1 of the Law Society of Ontario’s Rules of Professional Conduct. Any referral fee is set out in the Law Society’s standard referral agreement, signed by you before the referral proceeds, and no fee is payable to us unless and until the receiving firm has been paid for its work. You are never obliged to accept a referral and are free to retain any firm you choose. No referral arrangement affects the independent professional judgment of any lawyer at this firm.
What is published on this site
Calculators and estimators
They produce estimates from what you type and cannot know the rest. They do not
account for the terms of your contract, statutory exceptions, or the discretion a court will
apply. Do not make a decision on a number produced by a calculator.
Past results
Any outcome described happened on its own facts, before its own decision maker,
under the law as it stood at the time. Past results do not predict or guarantee the result of any
other case.
Reviews and testimonials
Reviews shown here are written by third parties and published on platforms we do not control. Each
describes one person’s experience of one matter. They are not a promise, a
prediction or a guarantee about any other matter.
Links to other websites
This site links to regulators, courts, government sources, professional associations and social
platforms, all operated by others. We do not control them, we are not responsible for
their content or accuracy, and a link is not an endorsement.
Other notices
Limitation periods
Failure to start a proceeding within the applicable limitation period may permanently bar
your claim. In Ontario the general period is two years from discovery
under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B.
Shorter periods apply to many claims. Seek advice promptly. Nothing on this website extends a
limitation period.
Accessibility
We aim to meet the Accessibility for Ontarians with Disabilities Act
and WCAG 2.1 Level AA. If any part of this site prevents you from reaching us, telephone
+1 416 333 6200 or write to
hello@lexaltico.com and we will provide the information
in another format, at no charge.
