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ARTICLE · 18 JUNE 2026

RECO Regulatory Response Submissions Are Privileged

McCague Borlack LLP
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The Ontario Superior Court of Justice recently addressed whether written submissions filed by real estate agents in response to regulatory complaints are protected from disclosure in civil litigation.

CanadaLitigation, Mediation & Arbitration
Nicholas Therens
Nicholas Therens
Annette Uetrecht-Bain
Annette Uetrecht-Bain
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In Mostacci v. 2025590 Ontario Ltd., 2026 ONSC 1867, the Ontario Superior Court of Justice held that written submissions submitted on behalf of real estate agents responding to a regulatory complaint brought against them with the Real Estate Council of Ontario (“RECO”) are protected by the confidentiality provisions in the governing legislation.

Nicholas Therens of McCague Borlack LLP represented the Defendants, Home Group Realty Inc., Keller Williams Home Group Realty and Matthew James Webster in successfully opposing a motion for production of a written response to a regulatory complaint.

Factual Background

The plaintiffs were the purchasers of a property located within a new development area. At the time of purchase, the land behind the property was vacant, offering a view of the river valley below. While signing the Agreement of Purchase and Sale, the plaintiffs claimed that their real estate agent assured them that no foreseeable development would interfere with their view.

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