Residential Real Estate Buyer Brokerage Commissions Class Action

FAQ

A class action settlement has been reached with RE/MAX Ontario-Atlantic Canada Inc. (“RE/MAX”) on behalf of all persons who sold residential real estate on a multiple listing service owned and operated by a defendant real estate board or association between March 11, 2010 and July 31, 2025 (“Class”). The Class includes persons who reside or are domiciled outside of Canada. It also includes residents of or those domiciled in Canada.

Objection and Comment Deadline (to object to or comment on the settlement, class counsel’s fee and disbursement request or the plaintiffs’ honoraria, you should do so by): September 22, 2025

Opt-Out Deadline (for Class Members to exclude themselves from the Actions and the settlement): September 22, 2025. THIS IS YOUR ONLY OPPORTUNITY TO OPT OUT OF AND EXCLUDE YOURSELF FROM THE ACTIONS. THERE WILL NOT BE ANOTHER OPPORTUNITY TO OPT OUT. IF YOU DO NOT OPT OUT BY THIS DEADLINE, YOU WILL BE BOUND BY THE SETTLEMENT AND ANY JUDGMENT OR OTHER RESULTS IN THE CLASS ACTIONS AGAINST THE REMAINING DEFENDANTS. PLEASE SEE PAGE 2 FOR MORE DETAILS.

If you are a Class Member and you do not want to be bound by the outcome of the Actions, including the terms of the settlement if approved, you must “opt out”, meaning that you must exclude yourself from the Actions in accordance with the following procedure. THIS IS YOUR ONLY OPPORTUNITY TO OPT OUT OF THE ACTIONS. THERE WILL NOT BE ANOTHER OPPORTUNITY TO OPT OUT. IF YOU DO NOT OPT OUT BY THIS DEADLINE, YOU WILL BE BOUND BY THE SETTLEMENT AND ANY JUDGMENT OR OTHER RESULTS IN THE CLASS ACTIONS AGAINST THE REMAINING DEFENDANTS.

Class Members who do not opt out will: (1) be entitled to participate in the settlement; (2) be bound by the terms of the settlement; (3) be bound by subsequent settlements or judgments in the Actions; and (4) not be permitted to bring other legal proceedings in relation to the matters alleged in the Actions against any of the Defendants, or any person released by the settlement. If the Actions are not successful, there will be no financial consequences for Class Members who do not opt out. Conversely, if you opt out of the Actions, you will not be able to make a claim to receive compensation from the settlement or any other settlements or judgment in the Actions, but you will maintain the right to pursue your own claim against the Defendants relating to the matters alleged in the Actions, subject to applicable limitation periods.

To opt out of the Action, you must complete, sign and return (by email, mail or courier) the opt- out form, which is available on the Administrator’s website.

For your opt-out to be valid, your complete and signed opt-out form must be postmarked or received by the Administrator by no later than September 22, 2025. 

The Actions were commenced by the plaintiffs Mark Sunderland and Kevin McFall. The Actions allege that residential real estate brokerages in Canada entered into an agreement, arrangement or conspiracy to fix, maintain, increase or control the price for the supply of buyer brokerage services for residential real estate in Canada between March 11, 2010 and July 31, 2025.

The Actions name three categories of defendants: (1) brokerage defendants alleged to have entered into an alleged agreement, arrangement or conspiracy; (2) franchisor defendants alleged to have aided, abetted and counselled the alleged agreement, arrangement or conspiracy; and (3) real estate board or association defendants who are also alleged to have aided, abetted and counselled the alleged agreement, arrangement or conspiracy. RE/MAX was named as a franchisor defendant.

On behalf of the Class, the Actions seek damages under s. 36 of the Competition Act. The Defendants, including RE/MAX, deny these allegations.

In September 2023, the Court granted an order dismissing the Sunderland Action against the franchisor defendants, including RE/MAX, but allowing the Sunderland Action to proceed as against the brokerage and real estate board or association defendants. In October 2024, the Federal Court of Appeal heard appeals of the Court order. The Federal Court of Appeal’s decision has not yet been released.

The settlement funds will be distributed at a later date. Class counsel will return to Court in the future to seek approval of a plan to distribute the net settlement proceeds to the Class.

Class Members who wish to comment on, or make an objection to, the approval of the Settlement, the honoraria, or the fees and disbursements of Class Counsel should deliver (by email, mail or courier) a written submission to Class Counsel, listing the name and contact information of the Class Member, as well as any comments or objections, to received no later than September 22, 2025, at the following email address or mailing address: [email protected]

Canada Real Estate Class Action Notice Administrator

PO Box 3355

London, ON N6A 4K3

All comments and objections delivered by that date will be filed with the Court.

Class Members may attend at the hearing whether or not they deliver a comment or objection. Class Members who wish to have a lawyer speak on their behalf at the hearing may retain one to do so at their own expense.