Reference entries (13)
- reference PIPEDA has no independent cause of action — complaints must go to the Privacy Commissioner first (s.14); FCA confirmed (Lexology / TRREB v. IMS)
- reference Ojohome Canada Ltd. v. CREA / TRREB (2025, Ont. Sup. Ct.) — TRREB terminated IDX access Oct 2024; CREA restricted DDF Dec 2024; site cut from ~54,000 to ~11,500 listings; injunction to restore access denied
- reference IMS v. TRREB (2023 FCA 70) — FCA allowed TRREB's copyright claims to proceed; prior 2017 obiter did NOT finally decide originality of *this* (different/updated) MLS work; **copyright is live again, not settled**
- reference TRREB v. RE Stats Inc. (Redatum) 2021 FC 30 — Federal Court denied TRREB's interlocutory injunction; data "comes from its clients, which are TRREB members"; copyright question left for trial
- reference TREB v. Mongohouse (2019) — permanent injunction; scraping MLS by circumventing TPMs is unlawful (Copyright Act s.41 + AUA + third-party licence breaches)
- reference TREB's PIPEDA-based privacy/business-justification defence failed on the facts — wide use, inconsistent enforcement, no CPO/CIO evidence; principle remains theoretically open
- reference FCA 2017 (2017 FCA 236) — in *obiter*, endorsed Tribunal's conclusion that the TREB MLS compilation lacked the originality (skill/judgment/labour) for copyright; TREB "had not put forward persuasive evidence"
- reference TREB case dealt with VOW (password-protected) publication — did NOT mandate fully public, non-password-protected publication
- reference TREB VOW restrictions held to be abuse of dominance under Competition Act s.79 (2016 Tribunal redetermination); order requires TREB to stop restricting members' access/use of historical+sale-price data on VOWs
- reference Commissioner of Competition v. Toronto Real Estate Board (2011-2018) — full 7-year timeline; SCC denied TREB's final leave Aug 23 2018
- reference HouseSigma — "first in Canada to make sold prices publicly available"; inflection point came shortly after the 2018 SCC-final outcome opening sold data on VOWs
- reference Competition Bureau (Canada 2014) — TRREB MLS "much more detailed than… REALTOR.ca," holds previous prices, comparables, time-on-market
- research-notes Research notes (capture-layer): inside the MLS box — what an Ontario member agent's account exposes, what goes unused, and what they're licensed to do with it (June 2026)
